Fort Lauderdale Battery on a Law Enforcement Officer Defense Lawyers

Handling Cases of Assault or Battery on a LEO

Being charged with battery on a law enforcement officer (LEO) is a serious issue that can change your life. In Florida, prosecutors handle these cases with extra urgency—often pushing for harsher penalties, even for first-time offenders. The stakes are high, and the time to build a strong defense is limited. If you’re facing these charges, hiring an experienced criminal defense lawyer right away is one of the most crucial steps to protect your future.

At Hager & Schwartz, P.A., we bring over fifty years of combined experience. As former state prosecutors, we have seen firsthand how the government builds cases, and we know where to find weaknesses in their evidence. Our aggressive and strategic approach is designed to challenge the prosecution at every step.

We understand the stress and fear of facing charges involving police officers. Whether your case comes from a misunderstanding, an emotionally charged situation, or an incident involving excessive force, we can stand by your side. Our defense lawyers in Fort Lauderdale know how to develop strong, personalized defense strategies that protect your rights and seek a fair outcome.

Contact Hager & Schwartz, P.A. for a free, confidential consultation, and let’s discuss your case.

What Constitutes Battery on a Law Enforcement Officer?

In Florida, battery against a law enforcement officer (LEO) is a felony with serious legal consequences. According to Section 784.07 of the Florida Statutes, this charge applies when someone intentionally touches, strikes, or inflicts bodily harm on a law enforcement officer performing their official duties. This protection isn’t limited to police officers — it also covers corrections officers, probation officers, and other recognized law enforcement personnel.

Understanding the difference between battery and assault is crucial when dealing with offenses against law enforcement:

• Battery on a LEO involves actual physical contact, like pushing, hitting, or grabbing an officer.
• Assault on a police officer is making a threat of violence without physical contact. For instance, raising a fist and verbal threats indicating the ability to carry them out could result in assault charges, even if no physical contact happens.

Many people find themselves facing these allegations after an emotionally charged encounter, often during an arrest or another heated interaction.

Common situations include the following:

• Pushing an officer during a struggle
• Accidental contact amid confusion
• Physical contact during a protest or traffic stop

Additionally, when the alleged victim is a federal law enforcement officer, the case can be moved to federal court. Under 18 U.S.C. § 111, it is a federal crime to assault, resist, oppose, hinder, intimidate, or interfere with a federal officer doing their official duties.

If you are facing state or federal allegations involving a law enforcement officer, it’s crucial to have an experienced defense team that understands the legal definitions and the nuances that could help challenge the charges.

Penalties for Battery on an LEO

Being charged with battery on a law enforcement officer (LEO) is more than just another criminal offense—it’s a serious felony with long-lasting effects.

This charge is a third-degree felony, and a conviction can lead to:

• Mandatory minimum sentence of 6 months
• Up to 5 years of incarceration
• Up to $5,000 in fines

If the charge involves assault on a police officer, the penalties are still serious but less harsh. Assault is a first-degree misdemeanor.

A conviction for assault on a LEO can result in the following:

• Up to one year in jail
• A fine of up to $1,000

Beyond criminal penalties, a conviction for battery or assault on a law enforcement officer can affect almost every part of your life. It might limit your job prospects, impact your right to own firearms, and lead to a permanent criminal record that can follow you for years.

Having the right defense team is crucial when so much is on the line. We recognize the seriousness of these charges and are committed to fighting for your future.

Facing Federal Charges? Assaulting a Federal Officer Defense.

While most cases involving battery or assault against a law enforcement officer are handled at the state level, situations involving federal officers fall under a completely different set of laws, and the stakes are often much higher.

Under 18 U.S.C. § 111, it is a federal crime to assault, resist, oppose, impede, intimidate, or interfere with any officer or employee of the United States while they are performing official duties. This includes agents from agencies like the FBI, DEA, ATF, U.S. Marshals, and others covered under Section 1114 of Title 18.

Unlike state charges, federal cases usually involve more aggressive prosecution and stricter sentencing guidelines. Even minor acts of interference or resistance can lead to federal prosecution if the target was a federal officer acting in an official capacity.

The penalties for assault on a federal LEO include:

• Up to 1 year of imprisonment if the matter involved simple assault
• Up to 8 years of imprisonment if the act involved physical contact
• Up to 20 years of imprisonment if the alleged actor used a deadly or dangerous weapon

We know how state and federal prosecutors build their cases and how to identify weaknesses in their evidence. If you’re facing federal assault charges, having a defense team experienced in federal criminal defense can make a crucial difference.

Speak to a Fort Lauderdale Battery on a LEO Defense Lawyer

If you’re facing charges for battery against a law enforcement officer (LEO) or related offenses, you need an experienced and aggressive defense team on your side—right now. At Hager & Schwartz, P.A., we have over 50 years of combined experience defending clients against serious criminal charges. As former state prosecutors, we know how law enforcement and prosecutors build these cases—and how to identify weaknesses that can work in your favor.

We don’t believe in one-size-fits-all solutions. Our team creates custom defense strategies designed to handle the unique challenges of our clients’ cases. We’re also available—ready 24/7 to answer questions and offer guidance whenever needed.

When your future, freedom, and reputation are at risk, act quickly. Contact us for a free, confidential consultation. Let’s discuss your defense options. Your future depends on it.