Assault on a Law Enforcement Official in Okaloosa County or Walton County

What It Is, What Are The Penalties & How A Good Criminal Lawyer Can Help

In the state of Florida, assaulting a police officer or other emergency responder carries a heightened punishment. Rather than being charged for simple assault, which in Florida is a misdemeanor in the second degree, assaulting a police officer is a misdemeanor in the first degree. With the enhancement in charge, comes an enhancement in the minimum sentencing guidelines, meaning the threat of a greater punishment.

To prove this crime, the State must prove that the Defendant intentionally and unlawfully threatened someone the Defendant knew to be a law enforcement official or other agent of the law.

The difference between assault and battery is that assault does not require actual touching, rather the threat of the act. So long as the law enforcement official or other agent of the law has the belief that the Defendant will carry out the threat, one can be charged with assault.

If you have been charged with assaulting a law enforcement official, give me a call. It is not uncommon to be charged with this crime when unaware of the fact that the law enforcement official was in fact a law enforcement officer. If the officer failed to identify themselves as an officer, you may have a defense.

Practice Point: Assault on a Law Enforcement Officer is almost never charged in the real world. It is an actual crime, but since Resisting an Officer with Violence is a 3rd degree felony and Resisting an Officer without Violence is a 1st degree misdemeanor, cops generally opt for the more serious charge.

Plus, Resisting or Obstruction is easier to prove than Assault because Resisting does not require the element of placing the officer in fear. For these reasons, we see Resisting a Law Enforcement Officer charged far more often.

If you are facing charges for assault or battery on a law enforcement official in Okaloosa County, Walton County, or Santa Rosa County give me a call (850) 362-6655 for a free consultation to discuss your situation.

 

Our Locations