What is assault on law enforcement officer, firefighter, emergency medical care provider, public transit employees or agent, or other specified officers in Florida?

Assault

Punishment / Penalties

The crime of Assault on Law Enforcement Officer, Firefighter, Emergency Medical Care Provider, Public Transit Employees or Agent, or other specified officers is a First Degree Misdemeanor that is punishable by up to a year in jail and a $1,000 fine.

This offense occurs when a:

  1. Person Intentionally and unlawfully threaten either by word or act, to do violence to victim.
  2. At that time, person appeared to have ability to carry out threat.
  3. The act of person created reasonable fear of injury in victim’s mind; and
  4.  The victim was a law enforcement officer, firefighter, an emergency medical care provider, public transit employees or agent, or other specified officers; and
  5. Person knew the victim was one of the people above; and
  6. At time of assault, victim was engaged in the lawful performance of job duties.

Defenses to Assault of Law Enforcement Officer, Firefighter, Emergency Medical Care Provider, Public Transit Employees or Agent, or other specified officers are:

  • There was no specific intent to cause the level of injury that incurred.
  • Lack of knowledge that victim was law enforcement, firefighter, emergency medical care provider, public transit employees or agent, or other specified officers.

References:

Polite v. State: On lack of knowledge that victim was law enforcement.

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 assault on law enforcement officer, firefighter, emergency medical care provider, public transit employees or agent, or other specified officers 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.

Initial Office Consults are free, and I will make myself available to suit your schedule. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring.

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