What Happens After an Arrest for Battery on a First Responder in Pinellas County?

Battery involving a first responder, including law enforcement, firefighters, EMTs, or other emergency personnel, is a charge that is automatically heightened. Due to the severity of this offense in Florida courts, the very first step to take after getting arrested is to consult with an experienced Pinellas County battery attorney with The Law Offices of Marc N. Pelletier. 

Immediate Arrest and Booking

When someone is arrested for battery on a first responder, they are usually immediately taken into custody. Florida law classifies even a simple battery against a law enforcement officer or emergency responder as a third-degree felony. After being taken into custody, they’re then transported to jail to be booked, fingerprinted, and held until the initial court appearance.

First Appearance and Bond Hearing

If possible, you need to consult with a Pinellas County battery lawyer before any further proceedings happen. Within 24 hours of arrest, you will then attend your first appearance before a judge. At this hearing, the judge will determine whether probable cause exists and may set a bond amount. Depending on the facts of the case, including the severity of the alleged battery and any criminal history, the judge may instead decide to impose strict conditions or set a high bond.

Formal Charges by the State Attorney

After the arrest, the case is forwarded to the State Attorney’s Office for review. Prosecutors will evaluate the evidence to determine whether to file formal charges. If they proceed, the charge that is formally filed could range from a third-degree felony battery to a first-degree felony aggravated battery. The severity of the charge is dependent on numerous factors such as whether injuries were sustained, evidence of an intent to cause injury, and whether a weapon was used.

Arraignment, Pre-Trial Motions, and Discovery

Once charges are filed, you will be arraigned and given a chance to enter a plea. During the pre-trial process, your Pinellas County battery attorney with The Law Offices of Marc N. Pelletier will review the prosecution’s evidence, which may include police reports, body camera footage, medical records, and witness statements. After their thorough review, your attorney may decide whether it’s most advantageous to file motions to dismiss the case or suppress certain evidence if it was obtained unlawfully or is inadmissible.

Plea Negotiations or Trial

Depending on the strength of the evidence against you, your defense attorney may seek a reduction in charges or explore the possibility of a pre-trial diversion program, if applicable. However, if no agreement is reached, the case will proceed to trial. In felony cases involving battery on a first responder, this usually means a trial by jury in the Pinellas County court system.

Possible Penalties if Convicted

A conviction for battery on a first responder results in a mandatory felony record. For a third-degree felony, the maximum penalty is up to five years in prison, five years of probation, and a $5,000 fine. For aggravated battery, a first-degree felony, the penalties may include up to 30 years in prison and fines of up to $10,000.

If You’re Facing a Felony Battery Charge, You Need a Defense Attorney Who Best Knows How to Handle Your Case

The legal consequences of a battery charge involving a first responder are severe, and prosecutors take these cases seriously. If you or a loved one has been arrested for this offense in Pinellas County, you need a skilled criminal defense attorney who has specific experience with felony battery charges to set yourself up for the most favorable outcome.

Request a free case consultation with one of the leading Pinellas County domestic battery lawyers or call our office today at (727) 493-9386.