Battery on a LEO in Pinellas County

Florida Statute Section 784.07(2), enhances the penalties for an assault or battery, or the attempt to commit such offense upon a law enforcement officer (LEO), or other specified persons. The statute enhances the penalties as follows:

• For an assault, from a second degree misdemeanor to a first degree misdemeanor;
• For a battery, from a first degree misdemeanor to a third degree felony;
  • if the crime was committed in furtherance of a riot or an aggravated riot prohibited under s. 870.01, F.S., the minimum term of imprisonment is six (6) months;
• For an aggravated assault, from a third degree felony to a second degree felony with a minimum term of imprisonment of three years.
• For an aggravated battery, from a second degree felony to a first degree felony with a minimum term of imprisonment of five years.

Related charges might include Resisting Officer with or without Violence pursuant to Florida Statutes Section 843.01.

Attorney for Battery on an Officer Crimes in Pinellas County, FL

After an arrest for any crime of violence in Pinellas County, FL, contact an experienced criminal defense attorney at Sammis Law Firm. We represent clients on a variety of battery charges, including simple battery, domestic battery, felony battery, and battery on a law enforcement officer.

We can help you assert the best defense, including self-defense, defense of others, or defense of property.

Visit our office at 14010 Roosevelt Blvd, Suite 701, Clearwater, FL 33762-3820. 

Call 727-210-7004.

Assault on a LEO in Pinellas County

Assault, which is a second-degree misdemeanor, is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other
person that such violence is imminent. S. 784.011(1), F.S.

Aggravated assault, which is a third-degree felony, is the commission of an assault using a deadly weapon without intent to kill or the commission of an assault with the intent to commit a felony. S. 784.021, F.S.

Under Florida Statute Section 784.07(2), the penalties for any crime of assult are increased if the victim is a law enforcement officer (LEO), or other specified person. For example, an assault is reclassified from a second degree misdemeanor to a first degree misdemeanor. An aggravated assault is reclassified from a third degree felony to a second degree felony with a minimum term of imprisonment of three years.

Battery on a LEO in Pinellas County

Battery, which is a first-degree misdemeanor, is actually and intentionally touching or striking another person against the will of that person or intentionally causing bodily harm to another person. S. 784.03(1)(a), F.S.

A person commits aggravated battery, a second-degree felony, if the person, in committing a battery: intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; uses a deadly weapon; or the person
who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant. S. 784.045, F.S.

When committed against a law enforcement officer or other specified person, the battery is reclassified from a first degree misdemeanor to a third degree felony. An aggravated battery is reclassified from a second degree felony to a first degree felony with a minimum term of imprisonment of five years.

Further, under Section 784.07(3), F.S., the person is subject to a mandatory minimum term of imprisonment of eight years, if during the commission of a battery subject to reclassification as a third-degree felony, if the accused possessed:

• A firearm or destructive device, the person is subject to a mandatory minimum term of imprisonment of three years; or
• A semiautomatic firearm, its high-capacity detachable box magazine, or a machine gun.

Read more about how crimes of battery are prosecuted in Pinellas County, FL.

This article was last updated on Tuesday, November 4, 2025.