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On October 1, 2025, a new Florida law took effect that significantly increased the criminal penalties for committing battery against a utility worker engaged in critical infrastructure work. Senate Bill 1386, signed by Governor Ron DeSantis, elevates this offense to a felony in an effort to better protect the essential personnel who keep our utilities running.
At the Law Offices of Robert David Malove in Fort Myers, we understand the severe consequences of any felony charge. If you are accused of battery on a utility worker under this strict new statute, our experienced Lee County battery defense lawyers are ready to defend your rights and freedom vigorously.
How Florida Senate Bill 1386 Changes the Law on Battery Against Utility Workers
Senate Bill 1386 makes the crimes of assault and battery against a utility worker a much more serious crime with harsher penalties if you’re convicted. This law reclassifies offenses against utility workers as follows:
- Assault. This offense is reclassified from a second-degree misdemeanor to a first-degree misdemeanor.
- Battery. Battery was a first-degree misdemeanor. It’s now a third-degree felony under the new law.
- Aggravated assault. This crime is elevated from a third-degree felony to a second-degree felony.
- Aggravated battery: Aggravated battery has been changed from a second-degree felony to a first-degree felony.
The law also gives law enforcement officers the authority to arrest without a warrant. They must have probable cause to believe a person has committed assault or battery on a utility worker for this provision to apply.
Additionally, the bill requires any minor who commits juvenile battery or assault on a utility worker to be fingerprinted. Their fingerprints are then submitted electronically to the Department of Law Enforcement.
You could face much more severe punishments if you’re convicted of a felony. You could have to serve a lengthy prison sentence, pay a hefty fine, and more.
Who Qualifies as a Utility Worker Under the New Law?
The new statute defines a "utility worker" as any person employed by or contracted with a utility company who bears visible markings identifying them as such, including a patch, emblem, or uniform. To be protected under the law, the utility worker must be engaged in work on critical infrastructure related to:
- Electricity
- Natural or manufactured gas
- Propane
- Water
- Wastewater
- Telephone service
- Communications services
This covers many essential utility personnel who keep Florida's infrastructure functioning.
Defenses Against Battery on a Utility Worker Charges in Cape Coral
Like other battery crimes, such as assault and battery against a health care worker and battery against a referee, you may have strong defenses to the charges you face. Unfortunately, you may be unable to use provocation as a defense, though it could be considered a mitigating factor if you’re convicted. Our Lee County battery defense lawyers may consider the following types of battery and assault defenses to defend you.
Insufficient Evidence
Prosecutors have the burden of proof to show beyond a reasonable doubt that an assault or battery occurred. We can use the lack of credible eyewitness testimony, unclear video surveillance footage, conflicting medical records, and other holes in the evidence to cast doubt on whether all the elements of the crime have been proven. This can also help us raise questions about and whether the prosecution has met its burden of proof.
Lack of Intent
Battery is an intentional act. Incidental contact, purely verbal outbursts, or involuntary physical reactions do not necessarily rise to the level of battery. Your mental state, medical condition, or psychological issues may also be a factor in proving you lacked the necessary intent.
Misidentification
Hectic, stressful environments can lead to inaccurate witness accounts. Our legal team may be able to establish that eyewitnesses misidentified you. Showing you were not the perpetrator can be substantial grounds for dismissing the charges against you.
Self-Defense
Depending on the facts in your case, we may be able to use self-defense to fight your charges. Our lawyers may establish that your actions were justified because you had to defend yourself.
Violation of Your Rights
If the police violated your constitutional rights during the investigation or arrest process, key evidence against you may be suppressed, weakening the prosecutor’s case. Violations that our battery defense lawyers may be able to raise include failing to give you your Miranda warnings, not informing you of your right to an attorney, or engaging in an illegal search and seizure of evidence against you.
Our legal team will scour every police report, medical record, and witness account to build a strong defense. We'll gather additional evidence and expert testimony to support your case if available. You can count on us to craft a personalized defense strategy to achieve the best possible outcome, whether negotiating with the prosecutor to reduce the charges or mounting a vigorous case for acquittal at trial.
How a Fort Myers Defense Lawyer Can Protect Your Rights
If you're facing charges of battery on a utility worker in Fort Myers, Cape Coral, or other locations in Lee County, you need an aggressive legal advocate on your side. At the Law Offices of Robert David Malove, we put our extensive experience to work for you in several key ways:
- Communicating on Your Behalf. We handle all communications with law enforcement and prosecutors to protect your rights and prevent self-incrimination.
- Conducting an Independent Investigation. Our team will thoroughly investigate the allegations, gather exculpatory evidence, and identify weaknesses in the state's case.
- Filing Strategic Motion. We'll move to dismiss improper charges, suppress illegally obtained evidence, and compel discovery to level the playing field.
- Negotiating for Reduced Penalties. Depending on the facts, we may be able to negotiate a reduction in charges, entry into a pretrial diversion program, or a favorable plea agreement.
- Zealous Courtroom Advocacy. Should your case go to trial, we'll mount a vigorous defense before a judge or jury and fight for a not guilty verdict.
Don’t go it alone if you face assault or battery charges against a utility worker. Let us put our extensive experience to work to protect your rights, reputation, and freedom.
