Battery on law enforcement Category Archives — Clearwater Criminal Lawyer Blog Published by Florida Defense Lawyer — Hanlon Law

Court Discusses Evidence Needed to Establish Aggravated Battery In Florida

Hanlon Law, PA — Mon, 10 Jul 2023 18:03:55 +0000

In Florida, the act of touching a person without their consent is unlawful, and people that engage in such behavior may be found guilty of battery. Notably, contact is an essential element of many battery crimes, and if the prosecution cannot establish that a person charged with battery made actual contact with their alleged victim, they should not be able to obtain a conviction. This was demonstrated in a recent Florida case in which the court reversed the defendant’s battery conviction. If you are accused of battery, it is smart to speak to a Clearwater battery defense attorney about your potential defenses.

Facts Surrounding the Alleged Assault

It is alleged that police officers attempted to pull over the defendant when he was driving. They offered several reasons for their attempt, including that the defendant had an unregistered tag, failed to wear a seatbelt, and his car smelled of cannabis. The officers, dressed in law enforcement clothing, were in an unmarked black SUV with red and blue track lights activated to stop the defendant.

Reportedly, when the defendant did not immediately comply with the officers’ orders to pull over, they positioned their SUV slightly in front of his vehicle and activated the siren, trying to stop him. At this point, the defendant revved his engine and drove his car toward the officers’ SUV. However, both officers managed to jump back into the SUV, and the defendant’s car struck the front passenger door of the SUV without hitting any of the officers. The State subsequently charged the defendant with several offenses, including aggravated battery on a law enforcement officer. He moved for an acquittal on the aggravated battery count at the close of evidence. The court denied his motion, and he was convicted, after which he appealed.

Evidence Needed to Establish Aggravated Battery Under Florida Law

On appeal, the defendant argued that the evidence presented during the trial was insufficient to meet the requirement for aggravated battery. The court ultimately agreed with the defendant and reversed his conviction. In doing so, it noted that the relevant Florida Statute, section 784.045(1)(a), defines aggravated battery as intentionally or knowingly causing great bodily harm, permanent disability, or permanent disfigurement or using a deadly weapon. The statute does not address whether striking another person’s vehicle can be considered aggravated battery, however.

The court cited previous case law, which held that the intentional striking of an automobile could constitute battery on the vehicle’s occupant, but rejected a per se rule and stated that it is generally for the jury to determine if a vehicle is sufficiently connected to a person for the striking of the vehicle to be considered battery on the person. Instead, the court explained that for the question to reach the jury, the State must produce evidence showing a connection between the impact of the collision and its effect on the occupant.

In the subject case, however, the State failed to present evidence linking the impact of the collision to a battery on any of the individual officers. As such, the court concluded that the defendant’s motion for a judgment of acquittal should have been granted.

Meet with an Experienced Clearwater Attorney

The prosecution must establish each element of aggravated battery to demonstrate a defendant’s guilt, and if it cannot, the defendant should not be convicted. If you are accused of battery or another violent offense, you should meet with an attorney to examine your potential defenses. The experienced Clearwater defense attorneys of Hanlon Law can assess the facts of your case and develop compelling arguments on your behalf. You can reach Hanlon Law by calling us at 727-897-5413 or using our online form to set up a meeting.

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Florida Court Examines What Constitutes a Reasonable Seizure of a Juvenile

Hanlon Law, PA — Fri, 10 Feb 2023 23:19:54 +0000

Underage people living in Florida have the same rights as adults with regard to criminal investigations. In other words, they have the right to be free from unreasonable searches and seizures. As such, if the police impermissibly detain a minor, the minor arguably cannot be deemed guilty of the commission of any offenses that happen during their detention. Recently, a Florida court examined what constitutes a reasonable seizure of a minor in a case in which a juvenile defendant challenged her adjudication of delinquency for battery on a police officer. If you are currently charged with committing a crime as a juvenile, it is critical to speak to a Clearwater juvenile defense attorney to determine what defenses you might be able to set forth.

Facts of the Case

It is reported that a police officer observed the defendant sitting in a corner near the entrance of a high school after the school was closed. Out of concern for the defendant, who was a young female alone at night in an area with a high rate of crime, the officer approached the defendant and began questioning her. The defendant was reluctant to provide the officer with information; she stated she was waiting for a bus but did not have any bus information, and she declined to tell him her parents’ full names or her address.

Reportedly, the officer called for backup, after which the defendant ran away. The officers pursued the defendant on foot, caught and handcuffed her, and placed her in the back of a police vehicle. They checked on her about half an hour later and found her kicking the partition between the seats. They attempted to restrain her, and she kicked one of the officers in the chest. She was charged with battery of an officer but moved for judgment of dismissal on the grounds that her seizure was illegal. The court found her guilty, and she appealed.

Reasonable Seizure of a Juvenile

Under Florida law, battery is a third-degree offense when committed against a police officer engaged in the lawful performance of their duties. The Florida statutes do not define the phrase “lawful performance of duties,” but the Florida Supreme Court has stated that courts must employ the legal standards governing the duty the police officer was undertaking at the time of the battery.

As such, the court in the subject case was tasked with determining whether the officer lawfully detained the defendant. The court explained that even absent reasonable suspicion of criminal activity, an officer may detain a person pursuant to a community caretaking duty under certain circumstances. The court elaborated that the touchstone of any Fourth Amendment Analysis, including those involving welfare checks, is reasonableness.

Here, the court found that the officer’s actions were reasonable throughout his encounter with the defendant. Specifically, that the detainment of the defendant was a reasonable extension of the officer’s community caretaking function. Thus, it affirmed the defendant’s conviction.

Talk to a Dedicated Clearwater Attorney

An adjudication of delinquency can be detrimental to a juvenile defendant’s education and job prospects, as well as their reputation. If you are accused of violating the law as a juvenile, it is in your best interest to talk to an attorney about your rights. The dedicated Clearwater juvenile defense attorneys of Hanlon Law can assess the facts of your case and aid you in pursuing the best legal outcome available. You can reach Hanlon Law through the online form or by calling 727-897-5413 to set up a conference.

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Appeals Court in Florida Says Defendant was Given a “Speedy Trial”

Hanlon Law, PA — Tue, 23 Oct 2018 14:01:58 +0000

The Constitution guarantees that all criminal defendants get a “speedy trial.” If you are familiar with the law, you will know that speedy is relative. If a defendant is denied a speedy trial, then they may be able to be released. The definition of what constitutes “speedy” will vary depending on the circumstances, and your knowledgeable Clearwater criminal defense attorney can help you to determine whether the speedy trial provision of the Constitution was violated in your case.

Clothing and Prejudice

While this case revolves centrally around a speedy trial issue, it is also about clothing. Defendants have a right to a speedy trial, and they also have a right to a fair and unbiased jury. One of the things that can prejudice the jury is when the defendant appears in front of them in jail clothing. In this case, a defendant was charged with battery on a law enforcement officer and aggravated assault on a law enforcement officer. He was on pretrial release when he was brought back into custody after allegedly committing another offense.

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Backyard Brawl with Cops Lands Florida Man in Jail

Hanlon Law, PA — Wed, 02 May 2018 19:59:11 +0000

A Florida appeals court recently took up a unique case about a fairly common occurrence: a call to the Department of Children and Families ending in an arrest.A defendant was charged with battery on a law enforcement officer and resisting an officer with violence, stemming from an incident in his backyard in Santa Rosa County. His wife had called the Department of Children and Families earlier in the day, saying that she feared for the safety of herself and her five-year-old child. Although DCF officials would normally respond to the call, they requested police assistance because of DCF’s previous history with the defendant. DCF had been called to the house multiple times, according to the court, and he had threatened to harm them. During the latest call, the court said the defendant wife told DCF he said he’d dismember them if they entered his home.

Here’s how the court described what the cops and a DCF employee encountered when they went to the house: “The home was a fortress. [The defendant] had erected a number of barriers, including a sharp, padlocked, picket-style fence around the front yard. He had equipped the home with customized locking doors and opaque, inoperable windows.”

The defendant appeared behind a fence in the yard but went back inside when the cops said they were there for a welfare check. He then ordered his wife out of the house and refused to answer phone calls. The officers said his wife had fresh bruises. She told them that he’d said she would never see her child again and had locked an iron bar across the door when she walked out.

That’s when police called the SWAT team in. The defendant – now pacing in and out of the house into the backyard – refused to respond to the SWAT officers, who said they wanted to check on the child’s safety. SWAT officers then shot him with foam bullets and scaled the fence to keep him from returning to the house. The defendant fought with the officers and was eventually detained. He was convicted of battery on a law enforcement officer and resisting an officer with violence.

Affirming the convictions on appeal, the First District said the officers were justified in entering the backyard.

“The uncertainty of the child’s location coupled with [the defendant’s] evasiveness provided an objectively reasonable basis for the officers to believe that the child was in danger and to enter the home without a warrant to secure the child’s safety,” the court said. “Allowing a five-year-old child to remain in a fortified home with a hostile and potentially violent aggressor with access to multiple weapons has the potential for serious consequences, prompting the need for an on-the-spot judgment based on incomplete information.”

Although this particular case revolves around an out of the ordinary and almost cinematic situation, police officers come into contact with all kinds of people every day. If you or a loved one has been charged with a crime in Florida, it is essential that you seek the advice and counsel of an experienced defense lawyer. Clearwater domestic violence attorney Will Hanlon is a seasoned lawyer who fights aggressively on behalf of clients charged with a wide range of crimes. Call our offices at (727) 897-5413 or contact us online to speak with Mr. Hanlon about your case.

More blog posts:

Confidential Informants in Florida Drug Cases

When Can Cops Stop You on the Street in Florida?

New Stand-Your-Ground Law at Issue in Tampa Murder Trial

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