Battery on a Law Enforcement Officer
Broward County Criminal Defense Attorneys - Battery on a Law Enforcement Officer - We have helped hundreds of people charged with battery on a law enforcement officer.
Broward County Criminal Attorneys know that committing battery on law enforcement officers does not include just police officers. It also includes correctional officers, probation officers, anyone in those positions in a part-time position and anyone in those positions as auxiliary positions. This includes employees or agents of the Department of Corrections who supervise or otherwise provide service to inmates, federal law enforcement officers, and law enforcement staff of the Fish and Wildlife Conservation Commission, law enforcement staff of the Department of Law Enforcement, or law enforcement staff of the Department of Environmental Protection.
Other persons categorized under F.S. §784.07 include firefighters, emergency medical care providers (ambulance drivers, EMTs, paramedics, registered nurses and physicians, medical directors or any of the above employed under contract or in some other way allowed to perform duties directly related to caring for and treating persons at a hospital's emergency room. (F.S. 784.07(c)).
The Broward County criminal attorneys at William Moore, P.A. explain that simply threatening an officer will result in an arrest. Call our Fort Lauderdale office today.
Broward County criminal attorneys explain that although simple battery is not listed as a lesser-included offense to the offense of battery on a law enforcement officer, firefighter, or similar public officer in the standard jury instructions, case law has established that simple battery is a necessarily lesser-included offense of battery of a law enforcement officer. Therefore, the trial judge must instruct the jury on this offense in a prosecution for battery on a law enforcement officer, even where the evidence clearly establishes that the alleged victim is a law enforcement officer, since the jury should not be deprived of its pardon power. A trial court's failure to instruct on simple battery as a lesser-included offense of battery on a law enforcement officer constitutes reversible error.
Broward County criminal attorneys caution, although the jury should be instructed on simple battery, the failure of a defendant to object to the jury instructions given by the trial court or to request an instruction on simple battery in the trial court precludes the defendant from raising the issue on appeal.
Because simple battery is a necessarily lesser-included offense of battery on a law enforcement officer, Broward County criminal attorneys argue that it is unconstitutional under the double jeopardy clause to separately convict and sentence the defendant of both offenses based on a single factual event.
Broward County Criminal Attorneys Forum - The defendant was entitled to an attempted battery instruction as a lesser-included offense of battery upon a law enforcement officer, in light of the testimony by eyewitnesses that the defendant never shoved the officer as alleged in the indictment and that the defendant kicked her feet but they did not see the defendant actually make physical contact with the officer. On the other hand, assault upon a law enforcement officer is an offense, which may or may not be included in the offense of battery upon a law enforcement officer, depending upon the wording of the charge and the evidence.
BROWARD COUNTY CRIMINAL ATTORNYS
Broward County Criminal Attorneys know that committing battery on law enforcement officers does not include just police officers. It also includes correctional officers, probation officers, anyone in those positions in a part-time position and anyone in those positions as auxiliary positions. This includes employees or agents of the Department of Corrections who supervise or otherwise provide service to inmates, federal law enforcement officers, and law enforcement staff of the Fish and Wildlife Conservation Commission, law enforcement staff of the Department of Law Enforcement, or law enforcement staff of the Department of Environmental Protection.
Other persons categorized under F.S. §784.07 include firefighters, emergency medical care providers (ambulance drivers, EMTs, paramedics, registered nurses and physicians, medical directors or any of the above employed under contract or in some other way allowed to perform duties directly related to caring for and treating persons at a hospital's emergency room. (F.S. 784.07(c)).
The Broward County criminal attorneys at William Moore, P.A. explain that simply threatening an officer will result in an arrest. Call our Fort Lauderdale office today.
Broward County criminal attorneys explain that although simple battery is not listed as a lesser-included offense to the offense of battery on a law enforcement officer, firefighter, or similar public officer in the standard jury instructions, case law has established that simple battery is a necessarily lesser-included offense of battery of a law enforcement officer. Therefore, the trial judge must instruct the jury on this offense in a prosecution for battery on a law enforcement officer, even where the evidence clearly establishes that the alleged victim is a law enforcement officer, since the jury should not be deprived of its pardon power. A trial court's failure to instruct on simple battery as a lesser-included offense of battery on a law enforcement officer constitutes reversible error.
Broward County criminal attorneys caution, although the jury should be instructed on simple battery, the failure of a defendant to object to the jury instructions given by the trial court or to request an instruction on simple battery in the trial court precludes the defendant from raising the issue on appeal.
Because simple battery is a necessarily lesser-included offense of battery on a law enforcement officer, Broward County criminal attorneys argue that it is unconstitutional under the double jeopardy clause to separately convict and sentence the defendant of both offenses based on a single factual event.
Broward County Criminal Attorneys Forum - The defendant was entitled to an attempted battery instruction as a lesser-included offense of battery upon a law enforcement officer, in light of the testimony by eyewitnesses that the defendant never shoved the officer as alleged in the indictment and that the defendant kicked her feet but they did not see the defendant actually make physical contact with the officer. On the other hand, assault upon a law enforcement officer is an offense, which may or may not be included in the offense of battery upon a law enforcement officer, depending upon the wording of the charge and the evidence.
