Marco Police Respond To A Noise Complaint, Find Intoxicated Teenagers Hiding In The House

The Charges

Collier County, FL. The Marco Island Police responded to a noise complaint, and upon entering the home, the police had found our client who was hiding in a bedroom closet intoxicated. The officer reported that he refused to comply with the officer’s commands and was verbally abusive. He allegedly took a “fighting stance” with the officers. He was then arrested and charged with assault on a law enforcement officer and disorderly conduct.

Assault on a Law Enforcement Officer

In Florida, assault on a law enforcement officer in Florida is defined as any unlawful touching of a law enforcement professional. This occurs when a person strikes a law enforcement officer in an intentional manner against the officer’s will. It could also cause injury. The defendant will also know that the person was a law enforcement officer with the officer engaging in lawful duty.

Law enforcement officers include some of the following:

• Probation officers
• Employees of the Department of Corrections who supervise or provide services to inmates
• Parking enforcement officers
• Part-time police and correctional officers
• Officers of the Fishing and Wildlife Conservation Commission
• Ordinary police
• Correctional officers
• Federal law enforcement officers
• Law enforcement explorers
• Traffic enforcement officers
• Employees of the Department of Corrections who supervise or provide services to inmates
• Federal law enforcement officers
• Auxiliary law enforcement
• Auxiliary correctional officers

Law enforcement officers will also include the following:

• Emergency Medical Care Providers
• Firefighters
• Public transport employees (train conductors or operators, bus drivers, supervisors, personal maintenance, etc)
• Community College Security Personal

Battery on a law enforcement officer is a felony in the third degree. This will be punished by up to 5 years in prison, 5 years of probation, and a fine of $5,000.

If the defendant committed aggravated battery on a law enforcement officer, it would be upgraded to up to 30 years in prison and labeled as a first-degree felony. The defendant will be mandated to spend at least 5 years in prison. 

Defenses for Assault on a Law Enforcement Officer

There are various defenses of assault on a law enforcement officer that could work in your case. These include:

• Self-defense
• The officer was not engaged in lawful duty.
• Incidental touching
• Private Sector Employment
• Lack of Knowledge
• Excessive Force
• Reflexive actions

Musca Law Firm

If you have been charged with assault on a law enforcement official, you should know that it is serious business and your best bet will be to obtain the services of an attorney. We at Musca Law Firm can handle your case for you. We will fill out any and all paperwork making sure things are submitted on time. Our attorneys put together a strong defense that will stick. They will also expose any weaknesses on the prosecution's side. 

Please call us to set up your free consultation. We look forward to speaking with you. 

RESULT: After diligent negotiations, we were able to convince the ASA (Assistant State Attorney) to drop the charges.