Florida law calls for enhanced punishments when an assault or battery is committed on a police officer. Arrests may result for the intended threat of violence or the touching or striking of a police officer while the police officer is engaged in the lawful execution of his or her duties. Assault on a Law Enforcement Officer is generally a first-degree misdemeanor, while Battery on a Law Enforcement Officer (commonly in Florida called a "BOLEO") is a third-degree felony. Florida's laws also allow for an enhancement and reclassification of offenses, such as aggravated assault, aggravated battery, or attempted murder of a law enforcement officer, which increases the punishment if the offender is convicted of a violent crime against a law enforcement officer1. Adjudication of guilt cannot be withheld nor can anyone serving a jail or prison sentence in Florida for BOLEO receive any gain time.
Many people arrested for battery on a law enforcement officer feel they have done nothing wrong and have difficulty understanding why they were arrested and charged. The person arrested for such an offense is usually the one who has suffered physical injury at the hands of the officer. Many clients report that they simply did not make it easy to be taken into custody and that the officer was not hurt during the encounter.
At Arnold Law Firm, we help make sure your right to your day in court is protected. An arrest for battery on a law enforcement officer does not mean automatic conviction! BOLEOs are aggressively prosecuted in Jacksonville and the surrounding counties. Contact our experienced team of criminal defense attorneys. Don't settle for only one attorney; put the advantage of our team of lawyers to work for you.
Law Enforcement Officers include not only police officers but also correctional officers, probation officers, employees or agents of the Department of Corrections, federal law enforcement officers, officers with 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. This law also applies to assault or battery on a firefighter, emergency medical personnel, or anyone allowed to conduct duties directly related to caring for and treating persons at a hospital's emergency room.