Fla. Stat. § 784.07
Battery on a
Law Enforcement Officer
When the person battered is an on-duty officer, Florida law bumps the charge up a level and adds a mandatory minimum. Here is how the reclassification works.
Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183).
Last reviewed: June 2026
The Reclassification
Under § 784.07, an assault or battery committed against a law enforcement officer — or other protected personnel like firefighters and EMTs — engaged in their official duties is reclassified to a higher offense level.
The Governing Statute
Fla. Stat. § 784.07 — Battery on a Law Enforcement Officer
"Whenever any person is charged with knowingly committing an assault or battery upon a law enforcement officer … the offense for which the person is charged shall be reclassified."
Read the full statute on Online Sunshine →
A misdemeanor battery becomes a third-degree felony. The State must prove the defendant knew, or should have known, the victim was an officer performing a lawful duty.
The Actual Penalties
Battery on an Officer — Statutory Penalties
Battery on LEO (reclassified to third-degree felony): up to 5 years in prison, plus a mandatory minimum term on conviction.
Aggravated battery on an officer is reclassified to a first-degree felony. Even spitting on an officer can qualify as battery here.
Aggravated battery on an officer is reclassified to a first-degree felony. Even spitting on an officer can qualify as battery here.
What a Defense Attorney Looks For
- Whether the officer was engaged in a lawful duty. An unlawful arrest can undermine the charge.
- Knowledge that the person was an officer.
- Self-defense against excessive force — available in limited circumstances.
- Whether a touching occurred at all, versus resisting.
Frequently Asked Questions
Is battery on a police officer a felony in Florida?
Yes. Under § 784.07, a battery that would ordinarily be a misdemeanor is reclassified to a third-degree felony when committed against a law enforcement officer engaged in a lawful duty, and carries a mandatory minimum.
Does spitting on an officer count as battery in Florida?
Yes. Because battery requires only an intentional touching against the person’s will, spitting on an officer can be charged as battery on a law enforcement officer under § 784.07.
Charged Under This Statute?
A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.
This page summarizes Fla. Stat. § 784.07 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.