CRIMES AGAINST POLICE

Crimes against law enforcement are very common in Central Florida and include Battery against Law Enforcement (felony), Resisting an Officer with Violence (felony), and Resisting an Officer without Violence (misdemeanor).

Most of these offenses occur because law enforcement is frustrated with the defendant during their interaction and are looking to find a charge that will allow them to legally arrest the defendant. Ubiquitous actions such as tensing up or failing/moving one’s arms during an officer’s attempt to handcuff a client can lead to resisting or battery charges.

To prove Battery against Law Enforcement, the State must prove four elements:

1. The defendant intentionally touched or struck the victim,
2. The victim was a law enforcement officer,
3. The defendant knew the victim was a law enforcement officer, and
4. The victim was engaged in the lawful performance of his or her duties when the battery was committed.

To prove resisting an Officer with Violence Charges, the State must prove four elements:

1. The defendant knowingly resisted the law enforcement officer by offering to do him/her violence,
2. The law enforcement officer was engaged in the execution of a legal duty,
3. The victim was a law enforcement officer, and
4. The defendant knew the victim was a law enforcement officer.

To prove Resisting without Violence Charges, the State must prove all the same elements as resisting with Violence, except that the resisting was done without violence to the law enforcement officer. If you are charged with Battery against Law Enforcement Officer, resisting an officer with violence, or resisting an officer without violence, you might feel that the odds are insurmountable of defending your case against a law enforcement officer trusted to serve our community. However, there are numerous defenses that can help lower your plea offer from a felony to a misdemeanor or result in a dismissal of your charges completely.

At the Law Office of Bhavik Patel, we look at each defense carefully when analyzing cases where law enforcement is alleging battery or resisting charges against our clients. There are numerous defenses that can help your case, including an unintentional act by the client, the client not knowing that the individual involved was law enforcement, deminimums contact with law enforcement, or the law enforcement acting in an illegal capacity.

THE LAW OFFICE OF

BHAVIK PATEL

CRIMES AGAINST POLICE