Is there a statute to that effect? Note that the conviction charge was to a lesser, misdemeanor offense.
Is there a statute to that effect? Note that the conviction charge was to a lesser, misdemeanor offense.
(a) In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree.
(b) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree.
(c) In the case of aggravated assault, from a felony of the third degree to a felony of the second degree. Notwithstanding any other provision of law, any person convicted of aggravated assault upon a law enforcement officer shall be sentenced to a minimum term of imprisonment of 3 years.
(d) In the case of aggravated battery, from a felony of the second degree to a felony of the first degree. Notwithstanding any other provision of law, any person convicted of aggravated battery of a law enforcement officer shall be sentenced to a minimum term of imprisonment of 5 years.
It is known that the state of Florida prosecutes battery of an LEO as a third degree felony.
So there's not actually a law preventing somebody charged with battery on a law enforcement officer from becoming a law enforcement officer? You're speaking only of the charge as a practical impediment? I just want to be clear as to your meaning when you say "You cannot become a police officer or a firefighter, ever".
Also, again, the battery on a law enforcement officer charge was not the conviction charge. There was a plea bargain through which the charge was reduced to a misdemeanor.
I wish they DID handle all BLEO cases as felonies, but alas, tis wishful thinking. I can think of 4 or 5 cases of arrests made just by officers in my agency (Florida) for the 12 counties my division covers within the last 6 months, only one of which actually went to felony charges - all the rest pled down.
Same with looking at criminal histories - when you get that rush of adrenaline that the guy you're out with is a convicted felon in possession of a firearm, then dispatch tells you that there are 8 felony arrests, that worked out as 6 misdemeanor convictions and 2 nolos. Big bummer.
I was charged with battery on officer ( misdemeanor in the first degree) and ajudification for
-resisting arrest without violence
-and assualt on a officer
Of course you can be a police officer!Your background check ONLY shows FELONY convictions,and yours was a misdemeanor so it wouldnt show,its like it never happened.Use that "Don't ask,dont tell".But however the real question is,why would the police department want someone who assualts people on their police force?You sound dangerous no offense I wouldnt trust you or hire you.
Yes, this is an old thread. But, a person's criminal history WILL show misdemeanor convictions and the background investigator will almost certainly read and review any and all police contacts - especially ones for battery on a peace officer.
And, in a police background, they WILL ask, and you WILL tell ... or, you'll never get hired. A misd. conviction is not necessarily a bar to employment in law enforcement, but lying will always be.