Battery on a Law Enforcement Officer / Firefighter / Paramedic

784.07. Assault or battery of law enforcement officers,
firefighters, emergency medical care providers, public transit
employees or agents, or other specified officers; reclassification
of offenses; minimum sentences

(1) As used in this section, the term:

(a) "Law enforcement officer" includes a law enforcement officer,
a correctional officer, a correctional probation officer, a
part-time law enforcement officer, a part-time correctional officer,
an auxiliary law enforcement officer, and an auxiliary correctional
officer, as those terms are respectively defined in s. 943.10, and
any county probation officer; an employee or agent of the Department
of Corrections who supervises or provides services to inmates; an
officer of the Parole Commission; a federal law enforcement officer
as defined in s. 901.1505; and law enforcement personnel of the Fish
and Wildlife Conservation Commission, the Department of Environmental
Protection, or the Department of Law Enforcement.

(b) "Firefighter" means any person employed by any public employer
of this state whose duty it is to extinguish fires; to protect life
or property; or to enforce municipal, county, and state fire prevention
codes, as well as any law pertaining to the prevention and control of
fires.

(c) "Emergency medical care provider" means an ambulance driver,
emergency medical technician, paramedic, registered nurse, physician
as defined in s. 401.23, medical director as defined in s. 401.23,
or any person authorized by an emergency medical service licensed
under chapter 401 who is engaged in the performance of his or her
duties. The term "emergency medical care provider" also includes
physicians, employees, agents, or volunteers of hospitals as defined
in chapter 395, who are employed, under contract, or otherwise
authorized by a hospital to perform duties directly associated
with the care and treatment rendered by the hospital's emergency
department or the security thereof.

(d) "Public transit employees or agents" means bus operators,
train operators, revenue collectors, security personnel,
equipment maintenance personnel, or field supervisors, who are
employees or agents of a transit agency as described in
s. 812.015(1)(l).

(2) Whenever any person is charged with knowingly committing an
assault or battery upon a law enforcement officer, a firefighter,
an emergency medical care provider, a traffic accident
investigation officer as described in s. 316.640, a nonsworn law
enforcement agency employee who is certified as an agency inspector,
blood alcohol analyst, or a breath test operator while such employee
is in uniform and engaged in processing, testing, evaluating,
analyzing, or transporting a person who is detained or under arrest
for DUI, a traffic infraction enforcement officer as described in
s. 316.640, a parking enforcement specialist as defined in s. 316.640,
a person licensed as a security officer as defined in s. 493.6101
and wearing a uniform that bears at least one patch or emblem that
is visible at all times that clearly identifies the employing agency
and that clearly identifies the person as a licensed security officer,
or a security officer employed by the board of trustees of a community
college, while the officer, firefighter, emergency medical care provider,
intake officer, traffic accident investigation officer, traffic
infraction enforcement officer, inspector, analyst, operator, parking
enforcement specialist, public transit employee or agent, or security
officer is engaged in the lawful performance of his or her duties, the
offense for which the person is charged shall be reclassified as follows:

(a) In the case of assault, from a misdemeanor of the second degree to
a misdemeanor of the first degree.

(b) In the case of battery, from a misdemeanor of the first degree
to a felony of the third degree.

(c) In the case of aggravated assault, from a felony of the third
degree to a felony of the second degree. Notwithstanding any other
provision of law, any person convicted of aggravated assault upon
a law enforcement officer shall be sentenced to a minimum term of
imprisonment of 3 years.

(d) In the case of aggravated battery, from a felony of the second
degree to a felony of the first degree. Notwithstanding any other
provision of law, any person convicted of aggravated battery of a
law enforcement officer shall be sentenced to a minimum term of
imprisonment of 5 years.

(3) Any person who is convicted of a battery under paragraph (2)(b)
and, during the commission of the offense, such person possessed:

(a) A "firearm" or "destructive device" as those terms are defined
in s. 790.001, shall be sentenced to a minimum term of imprisonment
of 3 years.

(b) A semiautomatic firearm and its high-capacity detachable box
magazine, as defined in s. 775.087(3), or a machine gun as defined
in s. 790.001, shall be sentenced to a minimum term of imprisonment
of 8 years.

Notwithstanding s. 948.01, adjudication of guilt or imposition of
sentence shall not be suspended, deferred, or withheld, and the
defendant is not eligible for statutory gain-time under s. 944.275
or any form of discretionary early release, other than pardon or
executive clemency, or conditional medical release under s. 947.149,
prior to serving the minimum sentence.

Contact the Law Offices of John M. Howe online to discuss how he will fight to protect your rights, or call him at 561-296-7772 or toll-free at 866-930-2938. During your first meeting, Mr. Howe will examine your case and determine the best way in which his services can be utilized to help you fight the assault on a Law Enforcement Officer charges you are facing.

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