Battery on a Firefighter
Battery on a Firefighter
What must the prosecutor prove in a Battery on Firefighter case?
According to Florida Statute § 784.07, the offense of Battery on a Firefighter occurs when a person:
- Actually and intentionally touches or strikes the victim against the will of the victim; or intentionally causes bodily harm to the victim.
- The victim was
- Defendant knew that the victim was Firefighter.
- 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 are the maximum penalties in a Battery on Firefighter case?
In Florida, Battery on a Firefighter is a third-degree felony punishable by a maximum of:
- 5 years of imprisonment
- A $5,000.00 fine
- Five years of probation
- Mandatory Adjudication of Guilt
Possible Defenses To A Battery On A Firefighter Charge:
- The Florida Stand Your Ground Law
Under the Florida Stand Your Ground Law a person is justified in using force against another if the person reasonably believes that such conduct is necessary to defend him or herself against the other’s imminent use of unlawful force. A person may also use force to protect property.
- Self Defense
Even when a judge rules that the Florida Stand Your Ground Law does not apply in a case, a person accused of 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 using a Battery on Firefighter to protect himself or herself, then the jury or judge should find the person not guilty.
- The Victim Was Not Engaged in the Lawful Performance of His or Her Duties
In order for the State to bring a charge of Battery on a Firefighter, the victim must have been engaged in the lawful performance of his or her duties at the time of the 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 that Person B punches the Firefighter.
Because at the time of the Battery the Firefighter was not engaged in the lawful performance of his duties, Person B can’t be convicted of Battery on a Firefighter. However, it is possible that Person B could be convicted of simple battery.
Are you looking for the best lawyer to handle a charge of Battery on Firefighterin Tampa Florida? Contact Attorney David C. Hardy.
Tampa Attorney David C. Hardy is a former prosecutor that now represents persons accused of 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 Battery on Firefighter 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.