• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Battery on an officer

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Boops233

New member
Last week my fiancé and I had a huge argument on his mothers front porch and the police were called. My fiancé ended up getting charged with Battery on a LEO and Resisting with violence. I witnessed everything except about 8 seconds of the interaction between him and the arresting officer. She claimed he kicked her which I assumed was in the 8 seconds I did not see. We received a copy of the police report today and it was extremely inaccurate. She claims she tackled him and had him pinned with her elbow into his back on the couch which is true but she said he kicked her when she was on top of him. However his feet were folded up under him so he couldn't have kicked her. She also claims that he knocked her off of the porch which also never happened, she actually knocked him off I witnessed that part. Then she claimed he tried to run away after he was already cuffed and she had to slam him down again which is also false. He never tried to run he just looked over his shoulder at me while he kept walking forward with her and that was when she slammed him down. She was the only officer there until that point and her body cam was off. Once back up arrived they all jumped on top of him and ended carrying him to the car and putting him on the floor board. About 5 minutes later 2 male officers said he was being violent and proceeded to jerk him out of the car and basically hog tie him. 5 minutes later a different male officer did it again. They tried to get me to file domestic violence charges against him but he never touched me, though at one point I thought he had tried to even though he never has before in our 4+ year relationship so I'm not sure if he was trying to or just moving erratically like he does when he's upset. Either way I refused because he didn't actually touch me. However in her report it says I said he hit, bit and kicked me which isn't true. I also never filled out any papers or signed anything. Today after I read the report I went to the neighbor to see what she saw and she said she never saw any thing the officer claimed either but agreed with everything I saw and that she would testify. Then she remembered about her outside camera that points right to where the officer claims everything occurred however she isn't sure how clear of an image it is. Most people are telling me it doesn't matter what I say I witnessed nor what the neighbor said and that it doesn't really matter that we might have it on video because this type of charge is rarely dropped. I'm not sure though. So my question is If we have it on video what do ya'll think is the chance of getting it dropped and if we don't have video but have myself and another witness with the same exact memory what are the chances of getting it dropped?


I have no record at all an have never been in any type of trouble at all. My fiancé has a felony from 8 years ago that he got probation for, non violent offense. The neighbor has a misdemeanor battery charge from 15 years ago against her ex.
 


quincy

Senior Member
Who was the one who called the police?

What was the reason given to the police for the call?

Was the couch on the porch or inside the house?
 

quincy

Senior Member
First, here is a link to the law: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0784/Sections/0784.07.html

Battery on an officer (when the officer is in uniform) is a third degree felony that, upon conviction, can result in up to five years in prison and up to a $5,000 fine.

Any contact with an officer that is unwanted physical contact not incidental to an arrest can lead to a battery charge. Resisting arrest is an additional charge.

There are defenses available and your fiancé's attorney can go over these with him. For example, if it can be shown (perhaps captured on the neighbor's video) that the officer entered your house unlawfully, used unnecessary force, and/or any battery against the officer was in self-defense, the charge possibly could be dismissed or your fiancé found not guilty.

But your fiancé will need a criminal defense attorney in Florida to personally review all facts and help him with his defense.

Good luck.
 

justalayman

Senior Member
You need to document everything you can recall about the incident, giving special attention to then areas you disagree with the report. Make it as specific and factual as you can. Then save it for when you speak with his attorney as you should be considered to be a witness for either him or the state. Memories can fade quickly so the more detailed you can be in your notes, the better it will help your fiancé.

Some police can will write their reports with the specific knowledge of writing a report that best serves their purposes. I intentionally did not state it serves Justice becsuse some of the reports I’ve read are obvious misrepresentations of the events and the only purpose one would do that would be to ensure a conviction. In your situation I am guessing the officer will claim that she interpreted his turning his head coupled with her claim your fiancé began to run but she stopped him before you saw him actually making an attempt to run. She will claim it was her having hold of him that she was able to feel his movements that you didn’t see.

Along with the kicking claim; Without eye witnesses claims such as this cannot be disputed successfully by the detainee.

The statement of the police is believed simply due to their position as a cop. Obviously we have all seen situstions where the cops statements have been proven wrong if not outright lies.
 

quincy

Senior Member
The fact that the officer's body camera was not operating during the encounter potentially can be used against the officer.

I don't know whose story is an accurate reflection of the events of that day/night but it is on the prosecutor to support the charge.

It will be helpful to the fiancé if the neighbor's video shows what the fiancé claims.
 

Just Blue

Senior Member
Last week my fiancé and I had a huge argument on his mothers front porch and the police were called. My fiancé ended up getting charged with Battery on a LEO and Resisting with violence. I witnessed everything except about 8 seconds of the interaction between him and the arresting officer. She claimed he kicked her which I assumed was in the 8 seconds I did not see. We received a copy of the police report today and it was extremely inaccurate. She claims she tackled him and had him pinned with her elbow into his back on the couch which is true but she said he kicked her when she was on top of him. However his feet were folded up under him so he couldn't have kicked her. She also claims that he knocked her off of the porch which also never happened, she actually knocked him off I witnessed that part. Then she claimed he tried to run away after he was already cuffed and she had to slam him down again which is also false. He never tried to run he just looked over his shoulder at me while he kept walking forward with her and that was when she slammed him down. She was the only officer there until that point and her body cam was off. Once back up arrived they all jumped on top of him and ended carrying him to the car and putting him on the floor board. About 5 minutes later 2 male officers said he was being violent and proceeded to jerk him out of the car and basically hog tie him. 5 minutes later a different male officer did it again. They tried to get me to file domestic violence charges against him but he never touched me, though at one point I thought he had tried to even though he never has before in our 4+ year relationship so I'm not sure if he was trying to or just moving erratically like he does when he's upset. Either way I refused because he didn't actually touch me. However in her report it says I said he hit, bit and kicked me which isn't true. I also never filled out any papers or signed anything. Today after I read the report I went to the neighbor to see what she saw and she said she never saw any thing the officer claimed either but agreed with everything I saw and that she would testify. Then she remembered about her outside camera that points right to where the officer claims everything occurred however she isn't sure how clear of an image it is. Most people are telling me it doesn't matter what I say I witnessed nor what the neighbor said and that it doesn't really matter that we might have it on video because this type of charge is rarely dropped. I'm not sure though. So my question is If we have it on video what do ya'll think is the chance of getting it dropped and if we don't have video but have myself and another witness with the same exact memory what are the chances of getting it dropped?


I have no record at all an have never been in any type of trouble at all. My fiancé has a felony from 8 years ago that he got probation for, non violent offense. The neighbor has a misdemeanor battery charge from 15 years ago against her ex.
Were you and or Fiance drinking during your argument? If...how much?
 

quincy

Senior Member
It should also be noted that no two people ever see an event the exact same way, and the fact that the two reports do not agree does not mean that anyone is lying.
True. Even videos of an incident do not always tell what happened as a video recording has limited focus.

It seems the fiancé's best chance of having the charge reduced or dismissed is to have an attorney who can successfully poke holes in the officer's story.
 

Boops233

New member
No there was no alc or drugs involved just a heated argument about our child so emotions were on high and he was mouthy to the cop but being mouthy doesn't mean he should be looking at prison time.

Thank you everyone for the advice.
 

quincy

Senior Member
No there was no alc or drugs involved just a heated argument about our child so emotions were on high and he was mouthy to the cop but being mouthy doesn't mean he should be looking at prison time.

Thank you everyone for the advice.
Thank you for answering the questions asked. And thank you for the thanks. We all appreciate them.

Good luck.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top