Legal Question in Criminal Law in Florida

Innocent man charged with Battery On A LEO

I'm a college student in my 20's, with no prior criminal record, and I was caught in the middle of an altercation at a public event. I didn't hit anyone, or even threaten too, but I was pounced on by several officers and members of security. I was very roughly and forcibly removed from the premises with no warning, and was then arrested. I still don't understand why that happened. Anyway, I have been subsequently charged with felony Battery on an Officer, because the cop says I grabbed onto his forearm, and he had pry my hand off his holstered handgun. Both these claims are completely and utterly false. The officer was incredibly rude and rough with me at the scene, and I believe he may have some type of vendetta against me for some reason. I didn't do anything but yell in public, and now am faced with a possible felony conviction and jail time at trial. I was appointed a public defender, and he says it's going to come down to my word vs. the cop's. I don't really have much confidence in a jury believing me over a cop, and furthermore I am unhappy with my PD's efforts (or lack thereof). I desperately need some good advice, as the stress of this has driven me into a depression and I don't know what to do.


Asked on 11/08/07, 3:23 am

3 Answers from Attorneys
Charles Clemens The Law Offices of Charles P. Clemens, PA

Re: Innocent man charged with Battery On A LEO

If I was defending this case, I would order the CAD sheet (Computer Automated Dispatch). This will indicate what "10" signals the officer radioed in during the incident. For example, "10-94, Signal 92" cooresponds to "send back up, Resisting arrest with Violence". If the CAD sheet in your case does not reflect this, the Officer may have some explaining to do.

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Answered on 11/08/07, 8:20 am
Edward J. Chandler Law Office of Edward J. Chandler, P.A.

Re: Innocent man charged with Battery On A LEO

This is a matter for the trier of fact to decide and credibility of both you and the officer will be factors. A disciplinary background check on the officer should be obtained to see if he has any prior complaints of false allegations.

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Answered on 11/13/07, 11:42 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Innocent man charged with Battery On A LEO

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If you are truly unhappy with your public defender and do not believe that you will get quality representation, then it is imperative that you hire a private attorney to represent you in this action. Speak with your family members and try to convince them to hire an attorney to represent you. Your future depends on the outcome of this matter.

Scott R. Jay, Esq.

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Answered on 11/08/07, 9:31 pm


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