Riviera Beach Police Officer Faces Aggravated Battery Charges

A Riviera Beach police officer has resigned after being charged with aggravated battery in an incident that occurred while he was off duty.

According to the arrest report, police say that in October 2023, the officer was off-duty when he responded to reports of a home theft in Riviera Beach. While searching for the suspect, the report says that the officer had a verbal exchange with the victim, and then hit him in the head with his gun. The victim sustained two cuts to his face.

According to the report, the officer said the victim approached him in a threatening manner, but body camera footage appears to contradict his statement.

This isn’t the first time the officer found himself in trouble with the department. In 2012, it was reported that the officer was placed on administrative leave after a patient at St. Mary’s Medical Center said the officer assaulted him, also while off duty.

Analyzing the charges 

The statute for aggravated battery can be found in Florida Statutes 784.045. It reads as follows:

(1)(a) A person commits aggravated battery who, in committing battery:

1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or

2. Uses a deadly weapon.

(b) A person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant.

(2) A person who violates subsection (1) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) For the purposes of sentencing under chapter 921, a 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.

In this case, the officer was charged with aggravated battery because he used a deadly weapon to strike the victim in the head with his gun. It is unclear the extent of the bodily harm that the officer caused the victim, so we don’t know if it rises to the standard of “great bodily harm.” We do know that the officer is being charged with aggravated battery and this is likely related to his use of a deadly weapon in the commission of the battery.

The officer will face a second-degree felony on these charges. A second-degree felony has a maximum sentence of 15 years behind bars.

Talk to a Tallahassee Criminal Defense Attorney Today 

The Tallahassee criminal defense lawyers at Luke Newman, P.A. represent the interests of those charged with serious crimes in Florida. Call our office today to schedule an appointment, and we can begin discussing your defense strategy right away.

Source:

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