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Under Florida law, Assault on a Police Officer is an enhanced type of criminal assault charge involving threatening conduct towards a law enforcement officer or other designated official. Simple assault on a police officer is classified as a first degree misdemeanor, with penalties of up to one year in jail or 12 months probation, and a $1,000 fine. Aggravated assault on a police officer is a second degree felony, with penalties of up to fifteen years in jail. If you have been arrested for Assault on Police Officer, contact our Jacksonville Florida Criminal Attorney for a free consultation.
The offense of Assault on a Police Officer is defined under Section 784.07(2)(a), Florida Statutes. Under the statute, Assault on a Police Officer consists of six factual elements:
Where a simple assault occurs against a police officer, Section 784.07 mandates that offense be reclassified from a second degree misdemeanor (the ordinary classification for simple assault cases) to a first degree misdemeanor. Where the facts support an allegation of aggravated assault on the police officer, the offense will be reclassified from a third degree felony to a second degree felony.
In Florida, a Simple Assault on a Police Officer carries a maximum penalty of one year in jail or 12 months probation, along with a potential $1,000.00 fine. If the charge is Aggravated Assault on a Police Officer (or other designated official), the maximum penalty increases to fifteen years in jail and a $10,000.00 fine. Aggravated Assault on a Police Officer carries a minimum mandatory jail sentence of three years.
Other Enhanced Assaults on Public Officers or Employees
The enhanced assault penalties outlined in Section 784.07, Florida Statutes, are applicable to numerous types of public officers or employees. These officers and employees include the following:
As with most other assault charges in Florida, there are many defenses available to contest a charge of Assault on a Police Officer. These defenses can include, but are not limited to, the following:
Assault on a Police Officer in Florida is a serious offense and will be aggressively prosecuted by the Office of the State Attorney. If you have been accused, you may have defenses available to contest the charge or to minimize the potential penalties. Contact our Jacksonville Criminal Defense Attorney today for a free consultation.
|Battery on Police Officer|
|Domestic Violence Battery|
|Exposure of Sexual Organs|
|Resisting Arrest With Violence|
|Dealing in Stolen Property|
|Failure to Return Leased Property|
|Contracting Without a License|
|Possession of Marijuana|
|Sale of Cannabis|
|Possession of Paraphernalia|
|Violation of Probation|
|Sealing and Expunging|
|Leaving the Scene of an Accident|