What is a battery on a law enforcement officer charge?
Battery on a law enforcement officer elevates what would be a misdemeanor into a felony. The same enhancement covers a range of other protected occupations — firefighters, EMTs, and others.
The State must establish the underlying battery, that the person was an officer engaged in the lawful performance of duties, and that the defendant knew or should have known that.
"Lawful performance of duties" is the element worth focusing on. If the officer was not lawfully performing duties — an unlawful arrest, an unlawful entry, force exceeding what was authorized — that element is contested.
These charges frequently arise from chaotic arrests, where contact occurs during a struggle. Whether the contact was intentional, or was incidental to resisting or to being taken to the ground, is a genuine question that body cam often answers.
They also frequently accompany a resisting charge, and the two are examined together.
Whether the contact was intentional is usually visible on video. Get it. ---
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