Battery on a Police Officer (Law Enforcement Officer) is a felony of the third degree and is punishable by up to 5 years in prison. It is essentially a (misdemeanor) Simple Battery charge combined with the fact that the alleged victim is a law enforcement officer, and thus, have protected status under the law.
Other protected citizens include: firefighters and first responders, emergency workers and medics (EMS/EMT), hospital staff and nurses.
Therefore, in order to prove Battery on a Law Enforcement Officer (LEO), the prosecution must prove: 1) The Defendant intentionally struck or touched the law enforcement officer/victim against their will; and 2) The Defendant knew or should have known that the victim was indeed a law enforcement officer.
Many times I have seen cases where a non-uniformed police officer gets in a physical altercation with a citizen and they are charged with Battery on a Police Officer.
If the Officer did not affirmatively identify themselves as Law Enforcement either verbally or physically, then you have a defense to the charge and your attorney may be able to file a Motion to Dismiss.
If you are facing charges for battery on a law enforcement official, give me a call (850) 362-6655 for a free consultation to discuss your situation.
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