Defenses Against a Federal Assault and Battery Charge

Assault and battery are serious crimes that have heightened penalties when it is against a federal officer. A federal officer includes an officer employed by a federal agency. A list of some of the major federal agencies are:

U.S. Marshal’s Service.
U.S. Customs Service.
Bureau of Alcohol, Tobacco, and Firearms (ATF)
Immigration and Naturalization Service (INS)
Drug Enforcement Administration (DEA)
Federal Bureau of Investigation (FBI)

In Florida, the crime of Battery on a Law Enforcement Officer is a Third Degree Felony and punishable by up to five 5 years in prison, 5 years of probation and a $5,000 fine. The charge may be labeled as “aggravated” when there is a weapon involved. If a battery or assault is charged “aggravated,” it will lead to a more severe punishment. A person is authorized to use reasonable force to defend themselves against unlawful actions committed by law enforcement officers; however, using force against an officer is risky since the State Attorney’s Office usually leans toward the law enforcement officer’s side. Additionally, the defendant does not have to have to be aware that their target was a federal officer in order to be charged. There are many different defenses to these charges. A few defenses include self defense, the law enforcement officer was not engaged in the lawful performance of his or her duties, and other common defenses to generic typical assault and battery cases. There will be fact specific defenses unique to your case. Give us a call to discuss the possible defenses to your case.

Why Hiring the Right Attorney is Key
At Michael B Cohen Law, our priority is making sure that you receive the best legal representation for your federal crime cases. You can schedule a free consultation with us today and learn about your options and ways in which we can help you and your future.

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