Aggravated Assault on a an Emergency Medical Care Provider
Aggravated Assault on an Emergency Medical Care Provider
What must the prosecutor prove in anAggravated Assault on an Emergency Medical Care Provider charge?
According to Florida Statute § 784.07, to prove the crime of Aggravated Assault on an Emergency Medical Care Provider, the prosecutor must prove the following seventhings:
- The Defendant intentionally threatened, either by word or act, to do violence to the victim;
- At the time the Defendant appeared to have the ability to carry out the threat;
- The act of the Defendant created in the mind of the victim a well-founded fear that the violence was about to take place;
- The Assault was made with a deadly weapon or the Assault was made with a fully formed, conscious intent to commit a felony upon the victim;
- The victim was at the time an Emergency Medical Care Provider;
- The Defendant knew that the victim was an Emergency Medical Care Provider;
- At the time of the assault, the victim was engaged in the lawful performance of his or her duties.
What does the term “deadly weapon” mean?
Under Florida Law, a weapon is a “deadly weapon” if it is used or threatened to be used in a way likely to produce death or great bodily harm. Florida Courts have found that large sticks, knives, and beer bottles are deadly weapons. Florida Courts have found that mace sprayed into a victim’s mouth, and a cigarette lighter shaped like a gun and pointed a victim, are not deadly weapons.
Who qualifies as an Emergency Medical Care Provider?
Florida Statute 784.07(1)(a) states, in part, that an “Emergency medical care provider” means an ambulance driver, emergency medical technician, paramedic, registered nurse, physician, medical director, or any person authorized by an emergency medical service who is engaged in the performance of his or her duties. The term “emergency medical care provider” also includes physicians, employees, agents, or volunteers of hospitals as defined in chapter 395, who are employed, under contract, or otherwise authorized by a hospital to perform duties directly associated with the care and treatment rendered by the hospital’s emergency department or the security thereof.
What are the maximum penalties in an Aggravated Assault on an Emergency Medical Care Provider?
In Florida, an Aggravated Assault on an Emergency Medical Care Provider is a second-degree felony punishable by a maximum of:
- 15 years imprisonment
- A $10,000.00 fine
- 15 years of probation
Possible Defenses to an Aggravated Assault on an Emergency Medical Care Provider Charge:
- The Florida Stand Your Ground Law
Under the Florida Stand Your Ground Law a person is justified in threatening deadly force if he or she reasonably believes that using such force is necessary to prevent imminent death or great bodily harm to himself, herself, or another or to prevent the imminent commission of a forcible felony.
- Self Defense
Even when a judge rules that the Florida Stand Your Ground Law does not apply in a case, a person accused of Aggravated Assault on an Emergency Medical Care Provider can still claim he or she acted in Self-Defense.
If a jury, or in the case of a bench trial, the judge, were to find that there was a reasonable doubt as to whether or not a person was justified in using an Aggravated Assault an Emergency Medical Care Provider to protect himself or herself, then the jury or judge should find the person not guilty.
- The Victim Was Not Engaged in the Lawful Performance of His or Her Duties
In order for the State to bring a charge of Aggravated Assault on an Emergency Medical Care Provider, the victim must have been engaged in the lawful performance of his or her duties at the time of the aggravated assault.
For example, imagine a paramedic is arriving to work at a hospital and the paramedic and Person B get in an argument over a parking spot. Imagine further that Person B grabs a baseball bat out of his trunk and threatens to hit the paramedic.
Because at the time of the aggravated assault the paramedic was not engaged in the lawful performance of his duties, Person B can’t be convicted of Aggravated Assault on an Emergency Medical Care Provider. However, it is possible that Person B could be still convicted of aggravated assault, a third degree felony that carries lesser potential penalties than Aggravated Assault on an Emergency Medical Care Provider.
- The State Must Prove That the Victim was an Emergency Medical Care Provider
In the case of Spurgeon v. State, 114 So.3d 1042 (Fla. 5th DCA 2013), the Defendant was charged with battery on an emergency medical care provider for spitting in the face of hospital security officer. At trial, the State was required to prove that the hospital where the incident took place fit the legal definition of a hospital as laid out in Chapter 395 of the Florida Statutes. Because at trial the State failed to prove the hospital fit this precise legal definition, the Court overturned the Defendant’s conviction.
Are you looking for the best lawyer to handle a charge of Aggravated Assault on an Emergency Medical Care Provider in Tampa Florida? Contact Attorney David C. Hardy.
Tampa Attorney David C. Hardy is a former prosecutor that now represents persons accused of Aggravated Assault on an Emergency Medical Care Provider. He is Board Certified by the Florida Bar and the National Board of Trial Advocacy as an Expert in Criminal Trial Law. As a prosecutor and defense attorney, he has extensive experience handling all types of assault cases.
If you or a loved one has been arrested for Aggravated Assault on an Emergency Medical Care Provider in Hillsborough County Florida, Pinellas County Florida, or Pasco County Florida, Attorney David C. Hardy has the knowledge, skills, and experience to guide you through this process and obtain the best possible results.