Aggravated Battery on a Firefighter

Aggravated Battery on a Firefighter

Aggravated Battery on a Firefighter

What must the prosecutor prove in an Aggravated Battery on Firefighter case?
According to Florida Statute § 784.07, to prove the offense of Aggravated Battery on a Firefighter, the State must prove the following beyond a reasonable doubt:

  1. The Defendant intentionally touched or struck the victim against his or her will; or, the Defendant intentionally caused bodily harm to the victim.
  2. Defendant intentionally or knowingly caused great bodily harm, permanent disability, or permanent disfigurement to the victim, or the Defendant used a deadly weapon.
  3. The victim was a Firefighter.
  4. Defendant knew that the victim was a Firefighter.
  5. The Victim was engaged in the lawful performance of his or her duties when the battery was committed.

Who qualifies as a Firefighter?
Florida Statute 784.07(1)(b) states that a “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.

What is a deadly weapon?
A weapon is a “deadly weapon” if it is used or threatened to be used in a way likely to produce death or great bodily harm.

What are the maximum penalties in an Aggravated Battery on Firefighter case?
In Florida, Aggravated Battery on a Firefighter is a first-degree felony punishable by a maximum of:

  1. 30 years of imprisonment
  2. A $10,000.00 fine
  3. 30 years of probation
  4. Mandatory Adjudication of Guilt

Possible Defenses to an Aggravated Battery on a Firefighter charge:

  1. The Florida Stand Your Ground Law

Under the Florida Stand Your Ground Law a person is justified in using deadly force if he or she reasonably believes that using such force is necessary to prevent imminent death or great bodily harm to himself, herself, or another or to prevent the imminent commission of a forcible felony.

  1. Self Defense

Even when a judge rules that the Florida Stand Your Ground Law does not apply in a case, a person accused of Aggravated Battery on a Firefighter can still claim he or she acted in Self-Defense.

If a jury, or in the case of a bench trial, the judge, were to find that there was a reasonable doubt as to whether or not a person was justified in committing an Aggravated Battery on a Firefighter to protect himself or herself, then the jury or judge should find the person not guilty.

  1. The Victim Was Not Engaged in the Lawful Performance of His or Her Duties

In order for the State to bring a charge of Aggravated Battery on Firefighter, the victim must have been engaged in the lawful performance of his or her duties at the time of the Aggravated Battery.

For example, imagine a uniformed Firefighter is on break and drives his car to a restaurant to get something to eat.Imagine further that the Firefighter and Person B get in an argument over a parking spot and Person B strikes the Firefighter with a bottle and seriously injures him.

Because at the time of the Aggravated Battery the Firefighter was not engaged in the lawful performance of his duties, Person B can’t be convicted of Aggravated Battery on a Firefighter.  However, it is possible that Person B could be convicted of Aggravated Battery.

Are you looking for the best lawyer to handle a charge of Aggravated Battery on Firefighter in Tampa Florida? Contact Attorney David C. Hardy.

Tampa Attorney David C. Hardy is a former prosecutor that now represents persons accused of Aggravated Battery on Firefighter.  He is Board Certified by the Florida Bar and the National Board of Trial Advocacy as an Expert in Criminal Trial Law. As a prosecutor and defense attorney, he has extensive experience handling all types of Battery cases.

If you or a loved one has been arrested for Aggravated Battery on Firefighter in Hillsborough County Florida, Pinellas County Florida, or Pasco County Florida, Attorney David C. Hardy has the knowledge, skills, and experience to guide you through this process and obtain the best possible results.