Committing battery on law enforcement officers does not include just police officers according to the battery defense lawyers at William Moore Criminal Defense. 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.
“Battery on a Police Officer in Fort Lauderdale is considered a serious offense. Criminal lawyers report Broward County as being one of the toughest in the state when it comes to violent crimes committed upon police officers.” – Criminal Lawyer William Moore
Battery on a Law Enforcement Officer defense attorney William Moore explains that additional 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)).
Criminal Attorneys in Broward warn that simply threatening an officer will result in an arrest.
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.
Defense 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.
Many disagree that simple battery is a necessarily lesser-included offense of battery on a law enforcement officer, Criminal Attorneys in Broward 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.
While this is obvious to battery lawyers in Broward County, the accused is often unaware as to why he or she faces multiple charges.
Example: Recent Criminal Case in Fort Lauderdale
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.
Our Criminal Defense Law Firm maintains offices in Broward and Broward County.