What is aggravated assault on law enforcement officer, firefighter, etc., in Florida?
The crime of Aggravated Assault on Law Enforcement Officer is a second degree Felony that is punishable by up to 15 years in prison and a $10,000 fine.
This offense occurs when:
- Person Intentionally and unlawfully threaten, either by word or act, to do violence to victim.
- At that time, person appeared to have ability to carry out threat.
- The act of person created reasonable fear of injury in victim’s mind; and
- The assault was made with a deadly weapon or a fully formed conscience intent to commit a crime upon the victim; and
- The victim was a law enforcement officer, firefighter, an emergency medical care provider, etc. (completed list of persons found in § 784.07(1)-(2)); and
- Person knew the victim was one of the people above; and
- At time of assault, victim was engaged in the lawful performance of their job duties.
Defenses to Aggravated Assault of Law Enforcement Officer, Firefighter, Etc.
- There was no specific intent to cause the level of injury that incurred.
- Lack of knowledge that victim was law enforcement, firefighter, etc.
- Weapon used did not amount to deadly weapon.
- Threat or violence was not imminent.
References:
Calvo v. State: On deadly weapon and imminent violence.
Contact Criminal Defense Attorney Glenn M. Swiatek for a Free Initial Consultation
If you have been arrested or believe you will soon be arrested for the offense of aggravated assault on law enforcement officer, firefighter, etc., in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850) 609‑0940 or contact us online.
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