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Florida Statute 784.07 | Lawyer Caselaw & Research
F.S. 784.07 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 784
ASSAULT; BATTERY; CULPABLE NEGLIGENCE
View Entire Chapter
F.S. 784.07
784.07 Assault or battery of law enforcement officers and other specified personnel; reclassification of offenses; minimum sentences.
(1) As used in this section, the term:
(a) “Emergency medical care provider” means an ambulance driver, emergency medical technician, paramedic, registered nurse, physician as defined in s. 401.23, medical director as defined in s. 401.23, or any person authorized by an emergency medical service licensed under chapter 401 who is engaged in the performance of his or her duties. The term “emergency medical care provider” also includes physicians, employees, agents, or volunteers of hospitals as defined in chapter 395, who are employed, under contract, or otherwise authorized by a hospital to perform duties directly associated with the care and treatment rendered by the hospital’s emergency department or the security thereof.
(b) “Firefighter” means any person employed by any public employer of this state whose duty it is to extinguish fires; to protect life or property; or to enforce municipal, county, and state fire prevention codes, as well as any law pertaining to the prevention and control of fires.
(c) “Hospital personnel” means a health care practitioner as defined in s. 456.001, an employee, an agent, or a volunteer who is employed, under contract, or otherwise authorized by a hospital, as defined in s. 395.002, to perform duties directly associated with the care and treatment rendered by any department of a hospital or with the security thereof.
(d) “Law enforcement explorer” means any person who is a current member of a law enforcement agency’s explorer program and who is performing functions other than those required to be performed by sworn law enforcement officers on behalf of a law enforcement agency while under the direct physical supervision of a sworn officer of that agency and wearing a uniform that bears at least one patch that clearly identifies the law enforcement agency that he or she represents.
(e) “Law enforcement officer” includes a law enforcement officer, a correctional officer, a correctional probation officer, a part-time law enforcement officer, a part-time correctional officer, an auxiliary law enforcement officer, and an auxiliary correctional officer, as those terms are respectively defined in s. 943.10, and any county probation officer; an employee or agent of the Department of Corrections who supervises or provides services to inmates; an officer of the Florida Commission on Offender Review; a federal law enforcement officer as defined in s. 901.1505; and law enforcement personnel of the Fish and Wildlife Conservation Commission, the Department of Environmental Protection, or the Department of Law Enforcement.
(f) “Public transit employees or agents” means bus operators, train operators, revenue collectors, security personnel, equipment maintenance personnel, or field supervisors, who are employees or agents of a transit agency as described in s. 812.015(1)(l).
(g) “Railroad special officer” means a person employed by a Class I, Class II, or Class III railroad pursuant to s. 354.01.
(2) Whenever any person is charged with knowingly committing an assault or battery upon a law enforcement officer, a firefighter, an emergency medical care provider, hospital personnel, a railroad special officer, a traffic accident investigation officer as described in s. 316.640, a nonsworn law enforcement agency employee who is certified as an agency inspector, a blood alcohol analyst, or a breath test operator while such employee is in uniform and engaged in processing, testing, evaluating, analyzing, or transporting a person who is detained or under arrest for DUI, a law enforcement explorer, a traffic infraction enforcement officer as described in s. 316.640, a parking enforcement specialist as defined in s. 316.640, a person licensed as a security officer as defined in s. 493.6101 and wearing a uniform that bears at least one patch or emblem that is visible at all times that clearly identifies the employing agency and that clearly identifies the person as a licensed security officer, or a security officer employed by the board of trustees of a community college, while the officer, firefighter, emergency medical care provider, hospital personnel, railroad special officer, traffic accident investigation officer, traffic infraction enforcement officer, inspector, analyst, operator, law enforcement explorer, parking enforcement specialist, public transit employee or agent, or security officer is engaged in the lawful performance of his or her duties, the offense for which the person is charged shall be reclassified as follows:
(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. Notwithstanding any other provision of law, a person convicted of battery upon a law enforcement officer committed in furtherance of a riot or an aggravated riot prohibited under s. 870.01 shall be sentenced to a minimum term of imprisonment of 6 months.
(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.
(3) Any person who is convicted of a battery under paragraph (2)(b) and, during the commission of the offense, such person possessed:
(a) A “firearm” or “destructive device” as those terms are defined in s. 790.001, shall be sentenced to a minimum term of imprisonment of 3 years.
(b) A semiautomatic firearm and its high-capacity detachable box magazine, as defined in s. 775.087(3), or a machine gun as defined in s. 790.001, shall be sentenced to a minimum term of imprisonment of 8 years.

Notwithstanding s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, and the defendant is not eligible for statutory gain-time under s. 944.275 or any form of discretionary early release, other than pardon or executive clemency, or conditional medical release under s. 947.149, prior to serving the minimum sentence.

(4) For purposes of sentencing under chapter 921, a felony violation of this section committed by a person acting in furtherance of a riot or an aggravated riot prohibited under s. 870.01 is ranked one level above the ranking under s. 921.0022 for the offense committed.
History.s. 1, ch. 76-75; s. 1, ch. 77-174; s. 22, ch. 79-8; s. 1, ch. 80-43; s. 1, ch. 85-33; s. 39, ch. 88-122; s. 2, ch. 88-177; s. 3, ch. 88-373; ss. 52, 55, 57, ch. 88-381; s. 43, ch. 89-526; s. 3, ch. 91-174; s. 12, ch. 93-230; s. 472, ch. 94-356; s. 20, ch. 95-184; s. 1, ch. 96-293; s. 57, ch. 96-388; s. 32, ch. 97-280; s. 1, ch. 98-97; s. 96, ch. 99-3; s. 4, ch. 99-188; s. 227, ch. 99-245; s. 315, ch. 99-248; ss. 1, 2, ch. 2002-209; s. 1, ch. 2006-127; s. 1, ch. 2007-112; s. 1, ch. 2009-102; s. 3, ch. 2010-117; s. 27, ch. 2012-88; s. 2, ch. 2013-114; s. 15, ch. 2014-191; s. 13, ch. 2019-141; s. 9, ch. 2021-6; s. 1, ch. 2023-128; s. 21, ch. 2023-197.

F.S. 784.07 on Google Scholar

F.S. 784.07 on Casetext

Amendments to 784.07


Arrestable Offenses / Crimes under Fla. Stat. 784.07
Level: Degree
Misdemeanor/Felony: First/Second/Third

S784.07 2a - SIMPLE ASSLT - ON OFFICER FIREFIGHTER EMT ETC - M: F
S784.07 2b - BATTERY - ON OFFICER FIREFIGHTER EMT ETC - F: T
S784.07 2c - ASSAULT - RENUMBERED. SEE REC # 8505 - F: S
S784.07 2c - ASSAULT - AGG ASSAULT ON OFFICER FIREFIGHTER EMT ETC - F: S
S784.07 2d - AGGRAV BATTERY - ON OFFICER FIREFIGHTER EMT ETC - F: F
S784.07 3 - BATTERY - NO OFFENSE-SENTENCING ONLY - F: T
S784.07 3 - BATTERY - REMOVE SENTENCING ONLY - F: T



Annotations, Discussions, Cases:

Cases from cite.case.law:

SAPP, v. STATE, 268 So. 3d 935 (Fla. App. Ct. 2019)

. . . . § 784.07(2)(d), Fla. Stat. . . .

GALLO, v. STATE, 272 So. 3d 418 (Fla. App. Ct. 2019)

. . . See §§ 784.07(2)(b), 806.13(1)(b) 3, 843.01, Fla. Stat. (2017). . . .

UNITED STATES v. PICKETT,, 916 F.3d 960 (11th Cir. 2019)

. . . . §§ 784.03 (simple battery); 784.045(b) (pregnant victim); 784.07(2) (law enforcement officer). . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 260 So. 3d 930 (Fla. 2018)

. . . . § 784.07(2)(b), Fla. Stat. . . . For cases involving other types of victims, insert definitions from § 784.07(1)(a), Fla. . . . Lesser Included Offenses BATTERY ON LAW ENFORCEMENT OFFICER, FIREFIGHTER, ETC. - 784.07(2)(b) CATEGORY . . . State, 114 So.3d 1042 (Fla. 5th DCA 2013) (holding that a conviction for a violation of § 784.07(2), . . .

F. ANDERSON, v. J. ORMOND,, 352 F. Supp. 3d 767 (E.D. Ky. 2018)

. . . . § 784.07(2)(B) are not "crimes of violence" within the meaning of § 4B1.2(a) because the statute does . . . Stat. § 784.07(2)(c), proscribes a broader range of conduct than the generic definition of assault. . . . Stat. § 784.07(2)(B). The Eleventh Circuit has indicated that it does. Turner v. . . . Stat. § 784.07(2)(c) actually only increases the severity of aggravated assault from a third-degree felony . . .

SWEETING, v. STATE, 260 So. 3d 520 (Fla. App. Ct. 2018)

. . . with one count of intentional battery of a law enforcement officer in violation of sections 784.03 and 784.07 . . .

MOBLEY, v. STATE, 263 So. 3d 117 (Fla. App. Ct. 2018)

. . . mandatory minimum sentence after comparing the language from sections 316.1935(6), 775.087(2)(a), and 784.07 . . .

IN RE AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE- REGULAR- CYCLE REPORT., 265 So. 3d 494 (Fla. 2018)

. . . If the primary offense is a violation of section 784.07(3) or 775.0875(1), Florida Statutes, or the Law . . .

W. T. a v. STATE, 255 So. 3d 509 (Fla. App. Ct. 2018)

. . . See §§ 776.051, 784.07, 843.01, Fla. Stat.; Sosnowski v. . . .

TWIGG, v. STATE, 254 So. 3d 464 (Fla. App. Ct. 2018)

. . . emergency medical care provider ... is engaged in the lawful performance of his or her duties," section 784.07 . . . the offense "of battery, from a misdemeanor of the first degree to a felony of the third degree." § 784.07 . . . State , 114 So.3d 1042, 1045 (Fla. 5th DCA 2013), the Fifth District clarified that because section 784.07 . . . medical service license under chapter 401 who is engaged in the performance of his or her duties." § 784.07 . . . the care and treatment rendered by the hospital's emergency department or the security thereof." § 784.07 . . .

THOMPSON, v. STATE, 250 So. 3d 132 (Fla. App. Ct. 2018)

. . . We also note that the parties agree that an incorrect statutory reference to section 784.07(2)(b) was . . .

A. SOSNOWSKI, v. STATE, 245 So. 3d 885 (Fla. App. Ct. 2018)

. . . . §§ 784.07(2)(b) & 843.01, Fla. Stat. (2015) ; see also Espiet v. . . .

DAWSON, v. UNITED STATES, 294 F. Supp. 3d 1300 (S.D. Fla. 2018)

. . . . §§ 784.03 and 784.07. . . . Florida's simple battery statute, § 784.03 is enhanced under § 784.07, from a misdemeanor to a felony . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 236 So. 3d 282 (Fla. 2018)

. . . . § 784.07, which explicitly contains a knowledge requirement. . . . Stat. § 784.07, which explicitly contains a knowledge requirement. . . . Stat. § 784.07, which explicitly contains a knowledge requirement. . . . Stat. § 784.07, which explicitly contains a knowledge requirement. . . . Stat. § 784.07, which explicitly contains a knowledge requirement. . . .

L. RIVERA, v. STATE, 235 So. 3d 983 (Fla. Dist. Ct. App. 2017)

. . . Rivera was charged in an amended information pursuant to sections 782.04(1), 777.04, 775.087, 775.0823, 784.07 . . .

GONZALEZ, v. U. S. ATTORNEY GENERAL,, 710 F. App'x 442 (11th Cir. 2017)

. . . . § 784.07; and resisting an officer with violence in violation of Fla. Stat. § 843.01. . . .

UNITED STATES v. VAIL- BAILON,, 868 F.3d 1293 (11th Cir. 2017)

. . . recidivist an offender who has more than one prior battery conviction, and Florida felony battery under § 784.07 . . .

MARSH, v. STATE, 219 So. 3d 214 (Fla. Dist. Ct. App. 2017)

. . . evidence “did not prove that there was( an unlawful battery on a law enforcement officer under section 784.07 . . .

MCNEIL, v. STATE, 215 So. 3d 55 (Fla. 2017)

. . . adjudication, a violation of s. 784.011, s. 784.021, s. 784.03, s. 784.041, s. 784.045, s. 784.048, s. 784.07 . . .

I. ERMINI, f k a I. v. SCOTT,, 249 F. Supp. 3d 1253 (M.D. Fla. 2017)

. . . . §§ 784.07(2)(c), 784.011(1), 784.021(1)(a), Fla. Stat.” Sullivan v. . . .

RAMROOP, v. STATE, 214 So. 3d 657 (Fla. 2017)

. . . Subsection (8) of a former version of section 784.07 eventually became what is now section 782.065. . . . In Wright, this Court held that section 784.07 defines the “substantive offense” of battery on a law . . . Two years later, again reviewing section 784.07 in Thompson v. . . . State, 816 So.2d 680 (Fla. 5th DCA 2002), both declaring section 784.07 of the Florida Statutes (1999 . . . (Citing § 784.07(c), Fla. Stat.) (emphasis added). . . .

TIMS, v. STATE, 204 So.3d 536 (Fla. Dist. Ct. App. 2016)

. . . 843.01, Florida Statutes; Count II alleged battery upon an officer, in violation of sections 784.03 and 784.07 . . . (criminalizing resisting officers "in the lawful execution of any legal duty”); § 784.07(2), Fla. . . .

JONES, v. MICHAEL,, 656 F. App'x 923 (11th Cir. 2016)

. . . . § 784.07(2). . . . intentional touching, no matter how slight, is sufficient to constitute” a “battery” for purposes of section 784.07 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 195 So. 3d 356 (Fla. 2016)

. . . . § 784.07(2)(a), Fla. Stat. . . . State, 114 So.3d 1042 (Fla. 5th DCA 2013) (holding that a conviction for a violation of § 784.07(2), . . . [157 So.3d 1027], and 2016. 8.12 AGGRAVATED ÁSSAULT ON LAW ENFORCEMENT OFFICER, FIREFIGHTER, ETC. § 784.07 . . . State, 114 So.3d 1042 (Fla. 5th DCA 2013)(holding that a conviction for a violation of § 784.07(2), Florida . . .

COLON, v. STATE, 199 So. 3d 960 (Fla. Dist. Ct. App. 2016)

. . . Sentence: 304.58 months Jail Credit: 674 days Case 11-11697 Battery on a Correctional Support Employee; § 784.07 . . .

AIKEN, v. WARDEN, FCC COLEMAN- MEDIUM,, 649 F. App'x 750 (11th Cir. 2016)

. . . . §§ 784.03, 784.07, was a violent felony for ACCA purposes during Aiken’s direct appeal and initial . . . Glover, 431 F.3d 744, 749 (11th Cir.2005), that we held that a conviction under §§ 784.03 and 784.07 . . .

WALKER, v. STATE, 193 So. 3d 946 (Fla. Dist. Ct. App. 2016)

. . . transit employee, the victim in count I, a third degree felony and a violation of sections 784.08(1), 784.07 . . . (l)(e), and 784.07(2)(b), Florida Statutes (2011); and (3)- Criminal mischief with under $200 of damage . . .

UNITED STATES v. T. JACKSON, a. k. a. T. a. k. a. Jr., 646 F. App'x 877 (11th Cir. 2016)

. . . . §§ 784.03, 784.07(2)(b), as a crime of violence under the residual clause of the career offender guideline . . .

McCLELLION, v. STATE, 186 So. 3d 1129 (Fla. Dist. Ct. App. 2016)

. . . . § 784.07(2)(c), Fla. Stat. Aggravated battery on an LEO is a first degree felony. § 784.07(2)(d). . . .

WALSH, Jr. v. STATE, 198 So. 3d 783 (Fla. Dist. Ct. App. 2016)

. . . 4th DCA 2004), that reclassifying the degree of offenses arising from a single episode under section 784.07 . . . victim was a law enforcement officer and then imposing consecutive sentences was legal because section 784.07 . . . original-possession charges. .We note that the legislature has enacted numerous .reclassification statutes: section 784.07 . . .

UNITED STATES v. ARROYO, a. k. a., 636 F. App'x 989 (11th Cir. 2016)

. . . . §§ 784.03(l)(a), 784.07(2), and for discharge of a firearm from a vehicle, id. § 790.15, because they . . . id. §§ 784.05, 782.04, 777.04, 784.045; battery of a law enforcement officer, id. §§ 784.03(l)(a), 784.07 . . .

MELVIN, v. STATE, 177 So. 3d 648 (Fla. Dist. Ct. App. 2015)

. . . The same language appears in section 784.07, which establishes an eight-year mandatory minimum sentence . . . clemency, or conditional medical release under s. 947.149, prior to serving the minimum sentence.” § 784.07 . . .

PETHTEL, v. STATE, 177 So. 3d 631 (Fla. Dist. Ct. App. 2015)

. . . State, 822 So.2d 1284, 1288-89 (Fla.2002) (holding that section 784.07 was not an enhancement statute . . . orientation, national origin, homeless status, mental or physical disability, or advanced age), and § 784.07 . . .

UNITED STATES v. BRAUN,, 801 F.3d 1301 (11th Cir. 2015)

. . . . § 784.07(2)(b); (3) resisting arrest with violence under Florida law, Fla. . . . Stat. § 784.07(2)(b). . . . Stat. § 784.07(l)(d). . This Maryland statute has since been repealed. See Johnson v. . . .

RAMROOP, v. STATE, 174 So. 3d 584 (Fla. Dist. Ct. App. 2015)

. . . In essence, then, the Legislature transplanted the subsection at issue in Thompson, section 784.07(3) . . . Relatedly, the Florida Supreme Court in Thompson interpreted section 784.07(8) as requiring knowledge . . . Section 784.07(3) was subsequently removed and reenacted in section 782.0823, and 782.065 was enacted . . . State, 712 So.2d 384 (Fla.1998), the court stated that “[s]ection 784.07, Florida Statutes (1995), is . . . Sections 784.07(3) and 775.0825 applied only to first-degree murder. State v. . . .

UNITED STATES v. HILL,, 799 F.3d 1318 (11th Cir. 2015)

. . . convictions for battery on a law enforcement officer, in violation of Florida Statutes sections 784.03 and 784.07 . . . held that battery on a law enforcement officer, in violation of Florida Statutes sections 784.03 and 784.07 . . . Florida conviction for battery on a law enforcement officer under Florida Statutes sections 784.03 and 784.07 . . .

J. CONNOLLY, Jr. v. STATE, 172 So. 3d 893 (Fla. Dist. Ct. App. 2015)

. . . See §§ 784.011(1) (defining crime of assault), 784.021 (defining crime of aggravated assault), 784.07 . . . and who "during the commission of the offense” actually possess a firearm or destructive device); § 784.07 . . .

NEAL, v. STATE, 169 So. 3d 158 (Fla. Dist. Ct. App. 2015)

. . . .; see also § 784.07(2), Fla. Stat. (2013). . . .

UNITED STATES v. BULLARD,, 610 F. App'x 898 (11th Cir. 2015)

. . . . §§ 784.045 and 784.07; and (3) a 1999 federal conviction for possession of cocaine with intent to distribute . . .

McNEIL, v. STATE, 162 So. 3d 274 (Fla. Dist. Ct. App. 2015)

. . . imposed for a violation of s. 784.011, s. 784.021, s. 784.03, s. 784.041, s. 784.045, s. 784.048, s. 784.07 . . . adjudication, a violation of s. 784.011, s. 784.021, s. 784.03, s. 784.041, s. 784.045, s. 784.048, s. 784.07 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 157 So. 3d 1027 (Fla. 2015)

. . . . § 784.07(2)(a), Fla. Stat. . . . For cases involving other types of victims, insert definitions from § 784.07(l)(a), Fla. . . . , and-2008 [994 So.2d 1038], and 2015. 8.11 BATTERY ON LAW ENFORCEMENT OFFICER, FIREFIGHTER, ETC. § 784.07 . . . State, 114 So.3d 1042 (Fla. 5th DCA 2013) (holding that a conviction for a violation of § 784.07(2), . . . For cases involving other types of victims, insert definitions from § 784.07(l)(a), Fla. . . .

AIKEN, v. WARDEN, FCC COLEMAN- MEDIUM,, 595 F. App'x 953 (11th Cir. 2014)

. . . . §§ 784.03, 784.07, was a violent felony for ACCA purposes during Aiken’s direct appeal and initial . . . Glover, 431 F.3d 744, 749 (11th Cir.2005), that we held that a conviction under §§ 784.03 and 784.07 . . .

ROBERTS, v. STATE, 152 So. 3d 669 (Fla. Dist. Ct. App. 2014)

. . . the defendant in Lemus was charged with aggravated assault on a law enforcement officer under section 784.07 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES REPORT NO., 146 So. 3d 1110 (Fla. 2014)

. . . . § 784.07, which explicitly contains a knowledge requirement. . . . Stat. § 784.07, which explicitly contains a knowledge requirement. . . . Stat. § 784.07, which explicitly contains a knowledge requirement. . . .

D. J. D. a v. STATE, 143 So. 3d 1115 (Fla. Dist. Ct. App. 2014)

. . . petition for delinquency charging the juvenile with assault on a law enforcement officer under section 784.07 . . . the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree. § 784.07 . . .

MEAD, v. McKEITHEN,, 571 F. App'x 788 (11th Cir. 2014)

. . . . § 784.07 (2009). . . .

UNITED STATES v. GARCIA- FIGUEROA,, 753 F.3d 179 (5th Cir. 2014)

. . . law enforcement officer with a law enforcement officer’s firearm” in violation of Florida Statute §§ 784.07 . . . law enforcement officer with a law enforcement officer’s firearm” in violation of Florida Statute §§ 784.07 . . . Florida Statute § 784.07 provides that aggravated battery is classified as a first-degree felony when . . . Stat. § 784.07(2)(d) (1991). . . . However, § 784.07 does not list the specific elements of aggravated battery. . . .

ROCHESTER, v. STATE, 140 So. 3d 973 (Fla. 2014)

. . . Stat. (2008); 775.087(2) & (3); 784.07(3)(b), Fla. Stat. (2008); 794.0115(7), Fla. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 137 So. 3d 995 (Fla. 2014)

. . . . § 784.07, which explicitly contains a knowledge requirement. . . . Stat. § 784.07, which explicitly contains a knowledge requirement. . . . Stat. § 784.07, which explicitly contains a knowledge requirement. . . . Stat. § 784.07, which explicitly contains a knowledge requirement. . . . Stat. § 784.07, which explicitly contains a knowledge requirement. . . .

CRITTENDEN, v. STATE, 137 So. 3d 1170 (Fla. Dist. Ct. App. 2014)

. . . See Mordica, 618 So.2d at 304 (stating that battery of a LEO under section 784.07, Florida Statutes ( . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 131 So. 3d 755 (Fla. 2013)

. . . . § 784.07(2)(c), Fla. Stat. . . . Lesser Included Offenses 784.07(2X*:) CATEGORY ONE CATEGORY TWO FLA. STAT INS. NO. . . . Aggravated assault 784.021 8.2 Assault on law ©a enforcement officer 784.07(2)(a) 8.10 Improper exhibition . . .

UNITED STATES v. WILLIAMS,, 731 F.3d 1222 (11th Cir. 2013)

. . . . §§ 784.03(l)(a); 784.07(2)(b) (defining elements of misdemeanor simple battery, which is a third-degree . . .

PIERRE, v. CITY OF MIRAMAR, FLORIDA, INC. a Al, 537 F. App'x 821 (11th Cir. 2013)

. . . . § 784.07 (for purposes of the offense of assault and battery on a law enforcement officer, “law enforcement . . .

SPURGEON, v. STATE, 114 So. 3d 1042 (Fla. Dist. Ct. App. 2013)

. . . that the State failed to prove the victim was an “emergency medical care provider” pursuant to section 784.07 . . . Section 784.07(l)(a) defines an “emergency medical care provider” as: [A]n ambulance driver, emergency . . . In denying Spurgeon’s motion, the court reasoned: This Court’s reading of section 784.07(l)(a) is that . . . The court went on to say: [M]y interpretation is ... that the statute 784.07(l)(a) does not require the . . . See §§ 784.03, 784.07(l)(a), and 784.07(2)(b), Fla. Stat. (2011). . . . .

RAMIREZ, v. STATE, 113 So. 3d 105 (Fla. Dist. Ct. App. 2013)

. . . Section 784.07(2)(b), Florida Statutes (2Ó09), reclassifies a battery from a misdemeanor to a felony . . . based on the status of the victim as a law enforcement officer. § 784.07(2)0»), Fla. . . . Section 784.07 identifies underlying crimes, including assault and battery, adds aggravating factors . . . See § 784.07(2)(b), Fla. Stat. (2009); Purdy v. . . . Section 784.07(2), Florida Statutes (2009), provides, in pertinent part: (2) Whenever any person is charged . . .

DOWNEY, v. STATE, 114 So. 3d 356 (Fla. Dist. Ct. App. 2013)

. . . the judgment should reflect that a three year minimum mandatory term was imposed pursuant to section 784.07 . . .

UNITED STATES v. JOHNSON, a. k. a. J a. k. a. a. k. a., 515 F. App'x 844 (11th Cir. 2013)

. . . . §§ 784.07(2)(c), 775.082(3)(c). . . .

UNITED STATES v. D. GANDY, a. k. a. a. k. a., 710 F.3d 1234 (11th Cir. 2013)

. . . . § 784.07; (2) robbery, in violation of Fla. . . . information and certified judgment of conviction cited only a sentence enhancement provision (Fla.Stat. § 784.07 . . . Stat. § 784.07. . . .

TURNER, v. WARDEN COLEMAN FCI MEDIUM, 709 F.3d 1328 (11th Cir. 2013)

. . . . § 784.07(2)(b). . . .

STATE v. MARTINEZ,, 103 So. 3d 1013 (Fla. Dist. Ct. App. 2012)

. . . State, 973 So.2d 1107 (Fla.2007) (stating that fact that section 784.07(2), forbidding battery on a law . . .

JORDAN, v. STATE Of, 103 So. 3d 253 (Fla. Dist. Ct. App. 2012)

. . . . § 784.07(2)(c), Fla. Stat. (2010). . . . final judgment and sentence to reflect that the minimum mandatory term was imposed pursuant to section 784.07 . . .

ROZIER, v. UNITED STATES, 701 F.3d 681 (11th Cir. 2012)

. . . . § 784.07(2)(b). . . . Stat. §§ 784.03(l)(a), 784.07(2). . . . .

UNITED STATES v. REYES,, 691 F.3d 453 (2d Cir. 2012)

. . . “crimes of violence” — battery on a law enforcement officer in violation of Florida Statute section 784.07 . . . Florida Statute section 784.07 criminalizes battery committed on a law enforcement officer. . . . demonstrating that Reyes’s conviction for battery on a law enforcement officer under Florida Statute section 784.07 . . .

UNITED STATES v. MORRIS,, 486 F. App'x 853 (11th Cir. 2012)

. . . . § 784.07(2)(b). Morris’s argument hinges on this Court’s decision in United States v. . . .

BURNEY, v. STATE, 93 So. 3d 510 (Fla. Dist. Ct. App. 2012)

. . . . §§ 784.07(2)(b), .03(2), Fla. Stat. (2008). . . . Section 784.07(2) defines battery on a law enforcement officer as follows: Whenever any person is charged . . .

UNITED STATES v. JOHNSON, 876 F. Supp. 2d 1272 (M.D. Fla. 2012)

. . . Aggravated Assault on a Police Officer, Volusia County (Florida) Circuit Court, Case No. 03-35686, section 784.07 . . .

J. J. a v. STATE, 76 So. 3d 413 (Fla. Dist. Ct. App. 2012)

. . . Section 784.07(2), Florida Statutes (2011), is an enhancement statute which increases the penalties for . . .

B. BRADY, Jr. v. STATE, 65 So. 3d 599 (Fla. Dist. Ct. App. 2011)

. . . aggravated battery was reclassified to a first-degree felony pursuant to the provisions of section 784.07 . . .

KNOWLES, v. STATE, 65 So. 3d 597 (Fla. Dist. Ct. App. 2011)

. . . presented is whether a prior conviction for battery on a law enforcement officer, pursuant to section 784.07 . . . Section 784.07(2) states that “[w]henever any person is charged with knowingly committing an assault . . .

COFFIN, v. BRANDAU, f. k. a., 642 F.3d 999 (11th Cir. 2011)

. . . . § 784.07(2)(b) and § 784.03(1); resisting an officer with violence under Fla. Stat. . . .

UNITED STATES v. JONES, Jr. a. k. a., 408 F. App'x 258 (11th Cir. 2011)

. . . . § 784.07(2)(b). . . .

HARRIS, v. UNITED STATES, 757 F. Supp. 2d 1303 (S.D. Fla. 2010)

. . . The listed convictions were for battery on a law enforcement officer, § 784.07(2)(b), Fla. . . .

UNITED STATES v. C. HAYES,, 409 F. App'x 277 (11th Cir. 2010)

. . . . §§ 784.03 & 784.07, are not ‘Violent felonies” of the kind that trigger ACCA’s mandatory minimum for . . .

JAIMES, v. STATE, 51 So. 3d 445 (Fla. 2010)

. . . See § 784.07, Fla. Stat. (2005). . . .

In AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 48 So. 3d 17 (Fla. 2010)

. . . If the primary offense is a violation of section 784.07(3) or 775.0875(1) or the Law Enforcement Protection . . . Act under subsection 775.0823(9) or (10) or (11), — or—section 784.07(3)⅜ — Florida—Statutes,—or—section . . .

FILS v. CITY OF AVENTURA,, 768 F. Supp. 2d 1188 (S.D. Fla. 2010)

. . . . § 784.07, (2) resisting arrest with violence, in violation of Fla. . . . According to her arrest affidavit, Fils was charged with battery on a law enforcement officer (Fla.Stat. § 784.07 . . .

UNITED STATES v. C. SMITH, 725 F. Supp. 2d 1336 (M.D. Fla. 2010)

. . . . § 784.07(2)(b), as is a simple battery committed upon a known staff member of a sexually violent predator . . . Ann. §§ 784.03 and 784.07, will not invariably constitute a crime of violence under the Guidelines. . . .

J. W. A v. STATE, 39 So. 3d 523 (Fla. Dist. Ct. App. 2010)

. . . State, 925 So.2d 438 (Fla. 5th DCA 2006) (section 784.07’s enhancement of punishment for assault, aggravated . . .

UNITED STATES v. WILLIAMS,, 609 F.3d 1168 (11th Cir. 2010)

. . . . § 784.07(2). . . .

COFFIN, v. BRANDAU, f. k. a., 609 F.3d 1204 (11th Cir. 2010)

. . . . § 784.07(2)(b) and § 784.03(1); resisting an officer with violence under Fla. . . .

MONTGOMERY, v. STATE, 36 So. 3d 188 (Fla. Dist. Ct. App. 2010)

. . . Stat. (2008); 775.087(2) & (3); 784.07(3)(b), Fla. Stat. (2008); 794.0115(7), Fla. . . .

LEMUS, v. STATE, 33 So. 3d 774 (Fla. Dist. Ct. App. 2010)

. . . See §§ 784.011(1) (defining crime of assault), 784.021 (defining crime of aggravated assault), 784.07 . . .

L. MOTES, v. STATE, 37 So. 3d 301 (Fla. Dist. Ct. App. 2010)

. . . courts have consistently read section 776.051(1) in pari materia with the offenses described in sections 784.07 . . .

UNITED STATES v. JOSEPH,, 371 F. App'x 70 (11th Cir. 2010)

. . . . §§ 784.03 and 784.07, was not a crime of violence. . . . Ann. § 784.07(l)(d) and (2)(b). In United States v. . . . Ann. §§ 784.03 and 784.07, constitutes a crime of violence under § 4B1.2. 431 F.3d 744, 749 (11th Cir . . . The Florida Supreme Court reasoned that the offense of battery, as defined under §§ 784.03 and 784.07 . . . Ann. §§ 784.03 and 784.07, will not invariably constitute a crime of violence under the Guidelines. . . .

JOHNSON v. UNITED STATES, 559 U.S. 133 (U.S. 2010)

. . . . §784.07(2)(b) (1987) (making simple battery of a police officer a felony); Idaho Code § 18-915(c) ( . . . , the Florida Supreme Court held that the felony offense of battery on a law enforcement officer, § 784.07 . . .

CURTIS DARNELL JOHNSON, v. UNITED STATES, 176 L. Ed. 2d 1 (U.S. 2010)

. . . . § 784.07(2)(b) (1987) (making simple battery of a police officer a felony); Idaho Code § 18-915(c) . . . , the Florida Supreme Court held that the felony offense of battery on a law enforcement officer, § 784.07 . . .

COFFIN, v. BRANDAU, f. k. a., 597 F.3d 1205 (11th Cir. 2010)

. . . . § 784.07(2)(b) and § 784.03(1); resisting an officer with violence under Fla. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 27 So. 3d 640 (Fla. 2010)

. . . The plain language of section 776.051 dictated such limited results, particularly since sections 784.07 . . . Tillman, 934 So.2d at 1266 (quoting §§ 784.07(2), 843.01). . . . Without such alternative language that appears in sections 784.07 and 843.01, section 776.051 could not . . .

EVANS, v. STATE, 13 So. 3d 100 (Fla. Dist. Ct. App. 2009)

. . . 843.01, Florida Statutes (2007), and felony battery on a law enforcement officer pursuant to 784.03 and 784.07 . . .

S. D. a v. STATE, 11 So. 3d 401 (Fla. Dist. Ct. App. 2009)

. . . .” § 784.07(2), Fla. Stat. (2005). . . .

K. H. a v. STATE, 8 So. 3d 1155 (Fla. Dist. Ct. App. 2009)

. . . enforcement officer is that the officer “is engaged in the lawful performance of his or her duties.... ” § 784.07 . . .

UNITED STATES v. ROBLEDO- LEYVA,, 307 F. App'x 859 (5th Cir. 2009)

. . . . § 784.07 (committing battery of law enforcement officer). . . . The Government concedes that § 784.07 is not an enumerated offense. . . . Aim. § 784.07 “has as an element the use, attempted use, or threatened use of physical force against . . . Section 784.07 provides for enhanced penalties for committing a battery on a law enforcement officer. . . . Ann. § 784.07. . Application Note l(B)(iii) (2007). . . . .

A. WOLFORK, v. STATE, 992 So. 2d 907 (Fla. Dist. Ct. App. 2008)

. . . charged with aggravated battery on a law enforcement officer pursuant to sections 784.045(l)(a)(l) and 784.07 . . .

P. WILDER, v. STATE, 992 So. 2d 912 (Fla. Dist. Ct. App. 2008)

. . . 2001, 2004) (defining “forcible felony” and listing offenses which constitute forcible felonies); § 784.07 . . . Pursuant to section 784.07(2)(b), BOLEO is a felony of the third degree. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 994 So. 2d 1038 (Fla. 2008)

. . . . § 784.07(2)(a), Fla. Stat. . . . Lesser Included Offenses ASSAULT ON LAW ENFORCEMENT OFFICER FIREFIGHTER, ETC. 784.07(2)(a) CATEGORY ONE . . . Lesser Included Offenses BATTERY ON LAW ENFORCEMENT OFFICER, FIREFIGHTER, ETC. 784.07(2)(b) CATEGORY . . . Aggravated assault_784.021_82_ Assault on law on en- 784.07(2)(a) 8.10 foreement officer_ Assault_784.011 . . . ETC. — 784.07(2Kd)_ CATEGORY ONE_CATEGORY TWO_FLA. STAT INS. NO. . . .

J. C. a v. STATE, 988 So. 2d 1204 (Fla. Dist. Ct. App. 2008)

. . . Statutes (2006), and two counts of battery on a police officer in violation of sections 784.03 and 784.07 . . . Id. § 784.07(2). . . .

LANIER, v. STATE, 983 So. 2d 658 (Fla. Dist. Ct. App. 2008)

. . . number 05-9631, Lanier was charged with battery on a law enforcement officer, in violation of section 784.07 . . .

UNITED STATES v. YOUNG,, 527 F.3d 1274 (11th Cir. 2008)

. . . . §§ 784.03, 784.07 (defining battery and battery of a law enforcement officer)). . . . Stat. § 784.07). IV. We interpret the sentencing guidelines according to their plain meaning. . . .

C. B. v. STATE, 979 So. 2d 391 (Fla. Dist. Ct. App. 2008)

. . . C.B. appeals the order finding that she committed battery on a law enforcement officer under section 784.07 . . . Section 784.07(2) provides an enhancement to the offense of battery under section 784.08(1), Florida . . . because the Legislature has placed the element of lawful execution of a legal duty in both sections 784.07 . . .

UNITED STATES v. LUQUE- BARAHONA,, 272 F. App'x 521 (7th Cir. 2008)

. . . . §§ 784.03(l)(a), 784.07(2)(b), qualified as a felony “crime of violence,” subjecting Lu-que-Barahona . . . Stat. § 784.03(l)(b), battery is a felony when committed against a police officer, id. § 784.07(2)(b) . . .