Orlando Attorney Defends Clients Charged with Violence Against Law Enforcement

Strategic representation for serious charges in Central Florida

Assault and battery charges are always serious, but if you’re accused of violence against a police officer, the charges rise to higher levels. Florida is a state that “backs the blue,” so you not only have to present reasonable facts in your favor; you also must overcome an aggressive prosecution that is aided by public sentiment in favor of law enforcement. When you retain The Law Offices of Tad A. Yates, P.A. for your criminal case, you get a skilled and reputable attorney with experience representing defendants in these sensitive cases. Mr. Yates knows how to separate emotion from fact and to dispassionately challenge the elements of the case against you. He works thoughtfully and tirelessly to mitigate the charges and obtain the best outcome possible.

Florida law on battery against a law enforcement officer

Under Florida law, battery on a police officer means intentionally touching an officer against his or her will, striking an officer or causing an officer bodily harm. The accused must know that the victim is a law enforcement officer and the officer must have been engaged in the lawful performance of duties when the battery occurred.

When the victim is a law enforcement officer or other protected individual, assault and battery charges are enhanced as follows:

  • Assault goes from a second-degree misdemeanor to a first-degree misdemeanor.
  • Battery goes from a first-degree misdemeanor to a third-degree felony. If the battery occurs in furtherance of a riot, the mandatory minimum imprisonment is six months.
  • Aggravated assault goes from a third-degree felony to a second-degree felony with a mandatory minimum sentence of three years.
  • Aggravated battery goes from a second-degree felony to a first-degree felony with a mandatory minimum sentence of five years in prison.

The list of persons covered by the penalty enhancement statute includes law enforcement officers, firefighters, emergency medical care providers, public transit employees or agents and other specified officers.

Resisting arrest under Florida law

In Florida it is illegal to resist arrest, either with or without violence. Resisting arrest without violence is a first-degree misdemeanor, punishable by a fine of up to $1,000.00 and up to one year in jail. Resisting arrest with violence is a third-degree felony, carrying a maximum fine of $5,000 and up to five years in prison.

Although you can never legally resist an arrest, you can resist excessive force and brutality, since that is consistent with your general right to self-defense. Therefore, if you’re accused of resisting arrest, you might be able to make the case that you were trying to protect yourself from harmful or violent treatment. Other defenses to resisting arrest include the following:

  • You did not resist arrest.
  • You did not know you were dealing with a police officer.
  • You did not know you were being placed under arrest.
  • You had not intent to resist arrest.
  • The arrest was patently illegal.
  • The officer was not executing a legal duty.

Defenses to resisting arrest and to other violent crime charges are often highly technical, which is why you should seek the best criminal defense representation you can find. Your liberty and your future depend on it.

Contact a determined trial lawyer in Orlando for a criminal defense consultation

The Law Offices of Tad A. Yates, P.A. defends clients accused of violence against law enforcement officers in Orlando and beyond. For strategic representation focused on positive results, call Tad A. Yates at 407-608-7777 or contact the firm online to schedule a consultation.

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Mr. Yates is a past-President of the Orange County Bar Association and the Legal Aid Society of the Orange County Bar Association. He previously served as Chair of the Judicial Nominating Commission for the 9th Judicial Circuit. 

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Testimonials

  • When I met Tad Yates, I was frantic, scared and misinformed about the legalities of my case. He quickly reassured me that everything was going to be alright and started at once preparing my defense. Every time I needed to speak with him, he was there to give advice and inform me the status of my case. As a result of his hard work, he managed to get my case dismissed and this blemish off my record. If you’re thinking of hiring or consulting with Mr. Yates, your in great hands.

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  • Tad is an excellent attorney. Due to a momentary lapse in judgement, I was put in a bad position and could not be more grateful that I hired Tad. From the moment I met Tad, I knew that I was in great hands! Tad explained to me all possible outcomes of the case and really helped put my mind at ease. In the end, I wound up with a very positive outcome and I owe it all to him. Tad was always available when I needed to speak with him and I couldn’t be happier that I hired him. Without the help and guidance of Tad, I’m not sure where I would be today. Tad is not only an amazing attorney, but an all-around great person!

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  • I do not have enough words to describe how amazing the experience with this attorney was. He works very hard to obtain the best results for his clients. I could not have asked for better services. I had exceptional fast results, I highly recommend this attorney. Thank you again, Tad Yates.

  • After consulting with several different highly recommended lawyers, I decided to hire Tad. It was a decision that would truly effect my life in a very profound way. Tad never promised results, he did however layout his experience and give me his word he would put all his effort into my case. I felt that was the honesty I deserved. He was sincere, honest, and reliable. Every time we attended court he seemed to hold a very good relationship with all the court's people. My case with Tad lasted about 9 months. There were many times I wanted to break down, not knowing what the results would ultimately be; however Tad always personalized my case and would constantly provide me with assurance of his efforts. He was always extremely accessible. This gave me a lot of peace. The results of my case ended up being extremely satisfying. I was looking at losing everything, for good. I now have my peace, my freedom, and I am currently very successful. Even after my case, Tad kept tabs with me and ensured I was doing as I should. There is a handful of people God put in my life of whom helped me get to the next level, there is no denying Tad is one of them.

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  • Tad came highly recommended. Set up a consultation and after meeting him, hired him immediately. Tad is extremely knowledgeable, efficient and truly cares. He was always available to speak and support during a very difficult situation. Although he has many clients, he always made us feel important and took the time necessary to ensure our questions were answered and that we were comfortable with strategy and next steps. He ultimately achieved the desired result and we are forever grateful.

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  • When I met Tad Yates, I was frantic, scared and misinformed about the legalities of my case. He quickly reassured me that everything was going to be alright and started at once preparing my defense. Every time I needed to speak with him, he was there to give advice and inform me the status of my case. As a result of his hard work, he managed to get my case dismissed and this blemish off my record. If you’re thinking of hiring or consulting with Mr. Yates, your in great hands.- A.

    I was referred to Tad by a friend of the family. They told me what he did for them and assured me that he would do the same for me. He exceeded my expectations from start to finish. He used his knowledge of the law, professionalism and relationship skills to have my case completely dropped. No plea deals what so ever. He never once doubted me however he did explain exactly what we had to overcome. If you find yourself in a situation that could impact you for the rest of your life, whether you did anything wrong or not I would encourage you to give him a call.

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Ratings & Reviews

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    5.0/5.0

    If you're reading this and you have a case pending, you need to stop immediately and call Tad's office. Take it from someone who has been there, Tad is a consummate professional and highly skilled tactician who will get you the best possibl...
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    — Brenden McDaniels

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    5.0/5.0

    Tad is fantastic. Not only did he get my case dismissed in a timely manner, but he also made himself available over the holidays to provide advice and refer me to another law firm. He truly cares about his clients. I would highly recommend ...
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    — Leah

  • google
    5.0/5.0

    Tad is fantastic. Not only did he get my case dismissed in a timely manner, but he also made himself available over the holidays to provide advice and refer me to another law firm. He truly cares about his clients. I would highly recommend ...
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    — Leah P

  • google
    5.0/5.0

    Tad and Kathy are wonderful. They've helped me tremendously and I cannot thank them enough. Best lawyer in Orlando.

    — Brenden McDaniels

  • google
    5.0/5.0

    Tad yates is an amazing person and lawyer! He helped me and my family so much and i couldn't be more thankful! I have never met such a caring, kind, focused, genuine soul actually trying to get justice and fight for you and your freedom and...
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    — Lizzie Haniff