Criminal Charges Against Corrections Officers and Jail Staff

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

The Charges and What the State Must Prove

Malicious battery or cruel treatment causing serious injury (s. 944.35(3)(a)2.; Fla. Std. Jury Instr. (Crim.) 8.31, Elements): you touched or struck an inmate against their will, intentionally caused bodily harm, or inflicted cruel or inhuman treatment by neglect or otherwise; you did so with malicious intent; you were a Florida Department of Corrections employee; the victim was an inmate or an offender supervised in the community; and you caused great bodily harm, permanent disability, or permanent disfigurement.

Sexual misconduct, state system (s. 944.35(3)(b)2.; Instr. 11.27, Elements): you engaged in sexual misconduct with an inmate or an offender supervised in the community, while holding a covered position. Covered people include Department employees, employees of contractor-operated facilities, volunteers, and employees of contractors and subcontractors.

Sexual misconduct, county and municipal jails (s. 951.221(1); Instr. 11.19, Elements): you were an employee of a county or municipal detention facility, or of a private facility under contract with a county commission, and engaged in sexual misconduct with an inmate or an offender supervised by the facility.

Failure to report (s. 944.35(4); Instr. 21.21, Elements): you were a Department employee with a duty to report because you witnessed or reasonably suspected abuse or sexual misconduct, and you knowingly and willfully failed to report, prevented someone else from reporting, or submitted inaccurate, incomplete, or untruthful information.

Degrees and Penalties

• Malicious battery on an inmate or supervised offender (s. 944.35(3)(a)1.): first-degree misdemeanor (up to 1 year).
• Malicious battery or cruel treatment causing great bodily harm, permanent disability, or permanent disfigurement (s. 944.35(3)(a)2.): third-degree felony (up to 5 years and a $5,000 fine).
• Sexual misconduct (s. 944.35(3)(b)2.; s. 951.221(1)): third-degree felony. Under both laws, the inmate's consent cannot be raised as a defense.
• Failure to report, or preventing a report (s. 944.35(4)(a)): first-degree misdemeanor. Submitting inaccurate, incomplete, or untruthful information in a required report (s. 944.35(4)(b)): first-degree misdemeanor. Coercing or threatening someone to change testimony or a report about a use of force or sexual misconduct (s. 944.35(4)(c)): third-degree felony.
• Employment: the statutes make violations, as determined by the proper authority, sufficient cause for dismissal, and the person may not again be employed in any capacity connected with the correctional system.

Common Situations

• A use of force during a cell extraction or a fight, later questioned on video review.
• An inmate's allegation of a sexual relationship with an officer, nurse, or contractor.
• A coworker accused of not reporting what they saw.

Defense Themes

• Authorized force. Florida law authorizes Department employees to use force when and to the extent it reasonably appears necessary, including to defend themselves or others, prevent an escape, prevent property damage, quell a disturbance, or overcome resistance to a lawful command. Video, timing, and the inmate's conduct matter.
• Malicious intent is an element of the battery charges.
• Statutory exceptions (state system): the sexual-misconduct law does not apply to a covered person legally married to the inmate or offender, or one who did not know and had no reason to believe the person was an inmate or supervised offender.

What to Do First

1. Talk to a lawyer before you write or sign anything beyond what your job requires, and before any interview with investigators.
2. Preserve schedules, post logs, and witness names.
3. Do not contact the inmate or other witnesses about the incident. See Witness Tampering.
4. Call us.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

The inmate agreed. Isn't that a defense?

No. Both sexual-misconduct statutes say the inmate's consent cannot be raised as a defense.

Can I be charged for a use of force that I believe was justified?

Yes. But the law authorizes force that reasonably appears necessary for listed purposes, and the battery charges require malicious intent.

I didn't hit anyone. Why am I charged?

Employees with a duty to report can be charged for knowingly and willfully failing to report, or for inaccurate or untruthful reports.