Assaulting Providers

[mikie]

If you assault an LEO, you're most likely charged with assaulting a cop...felony?

Does the same apply to FFs and EMTs (regardless of training (basic, I, medic, etc))?

Would someone be charged beyond assault because of our status as a provider of some sort?

Just wondering

 

[MedicPrincess]

You can be charged with a felony here in Florida. Generally, getting the person arrested is the easy part for us. The hard part is convincing the prosecutors office they want to do anything with the case. "Excessive ETOH" tends to be a contributing factor.

 

[Robby1974]

Nevada

Not sure of the ins and outs of prosecution but assulting any public servant (includes private ambo and FD) paramedics, intermediates, basics, CFR's is minimum of 3 years in jail here in Clark County (Las Vegas) It's a bit unique here though because we have so many homeless and mentals. The number of patients we have with Altered Mental Status including alcohol, drug abuse is very high compared with that of the rest of the country. So that is to say that the laws here are a bit more strict but most people know about that and "USUALLY" have the common sense to relax and go to the ED without a fight. We also have L2K "Legal 2000" which is a mandatory 72 hour hold on Psych patients so the patients know that if they fight they will be "L2K'd" and stuck in a psych ward for 3 days.

 

[Jon]

In PA, there is a list of protected occupations that allow a prosecutor to seek higher penalties in the event of an assault.

1. Police officer.
2. Firefighter.
3. County adult probation or parole officer.
4. County juvenile probation or parole officer.
5. An agent of the Pennsylvania Board of Probation and Parole.
6. Sheriff.
7. Deputy sheriff.
8. Liquor control enforcement agent.
9. Officer or employee of a correctional institution, county jail or prison, juvenile detention center or any other facility to which the person has been ordered by the court pursuant to a petition alleging delinquency under 42 Pa.C.S. Ch. 63 (relating to juvenile matters);
10. Judge of any court in the unified judicial system.
11. The Attorney General.
12. A deputy attorney general.
13. A district attorney.
14. An assistant district attorney.
15. A public defender.
16. An assistant public defender.
17. A Federal law enforcement official.
18. A State law enforcement official.
19. A local law enforcement official.
20. Any person employed to assist or who assists any Federal, State or local law enforcement official.
21. Emergency medical services personnel.
22. Parking enforcement officer.
23. A district justice.
24. A constable.
25. A deputy constable.
26. A psychiatric aide.
27. A teaching staff member, a school board member or other employee, including a student employee, of any elementary or secondary publicly funded educational institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school while acting in the scope of his or her employment or because of his or her employment relationship to the school.

Agg. Assualt is broken down into 6 levels. Level 1 and 2 are first degree felonies, while Level 3-6 are second degree felonies (I think).

(a) Offense defined.--A person is guilty of aggravated assault if he:

1. attempts to cause serious bodily injury to another, or causes such injury intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life;
2. attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury to any of the officers, agents, employees or other persons enumerated in subsection (c) or to an employee of an agency, company or other entity engaged in public transportation, while in the performance of duty;
3. attempts to cause or intentionally or knowingly causes bodily injury to a any of the officers, agents, employees or other persons enumerated in subsection (c), in the performance of duty;
4. attempts to cause or intentionally or knowingly causes bodily injury to another with a deadly weapon; or
5. attempts to cause or intentionally or knowingly causes bodily injury to a teaching staff member, school board member, or other employee, including a student employee, of any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school while acting in the scope of his or her employment or because of his or her employment relationship to the school.
6. attempts by physical menace to put any of the officers, agents, employees or other persons enumerated in subsection (c), while in the performance of duty, in fear of imminent serious bodily injury.

Basically... if I am on duty, what would be a misdemeanor simple assault becomes aggravated assault.

 

[ffemt8978]

It depends upon what state you're in, what the laws are, what type of assault it was, if a weapon was involved, if a person was injured as result, and last but most importantly, if the prosecutor thinks they can get a conviction.

 

[mikie]

thanks for the replies! a special kudos to Jon who really did his research!

 

[Ridryder911]

Each state is different. Unfortunately, it is not an automatic felony. The main point, is to file charges if such does occur. Now, everyone realizes and recognizes that some abuse (pinching, being struck at, etc) is part of the norm and part of the job; especially from those that are either physically or mentally ill. It is those that have full faculties or drunk that I file a complaint.

Many adminstration does not like employees doing such as it may present a poor image, but it is your right to do so. Also to file workmen's comp if injuries occur.

R/r 911

 

[IcantThinkofAname]

Here in Maine it's the same as assaulting a police officer.

 

[mycrofft]

Assaulting providers? Assaulting providers!?

Aren't those poor patients already in enough pain, that we should heap more tsuris upon them? Nay, I say! No more assaultive providers...what's that? Oh? Oh, never mind, that's different.
(The Litella Maneuver, from SNL. We called going code three to code four in full cry downtown "a Litella").

 

[Hastings]

No. Not here. Only police officers. No additional protection for EMS.

 

[TransportJockey]

Here in NM any first responder (police,fire,ems) that gets assaulted it is a felony if you press charges

 

[Grady_emt]

Here in Ga there is a misdemeanor level and felony level charge for EMS assault/interference. These charges are in addition to the usual Agg Assault, disporderly conduct, etc...

O.C.G.A. 16-10-24.2 Obstructing or hindering emergency medical technicians or emergency medical professionals; criminal penalty
(b) Except as otherwise provided in subsection (c) of this Code section, a person who knowingly and willfully obstructs or hinders any emergency medical technician, any emergency medical professional, or any properly identified person working under the direction of an emergency medical professional in the lawful discharge of the official duties of such emergency medical technician, emergency medical professional, or properly identified person working under the direction of an emergency medical professional is guilty of a misdemeanor.

(c) Whoever knowingly and willfully resists or obstructs any emergency medical technician, any emergency medical professional, or any properly identified person working under the direction of an emergency medical professional in the lawful discharge of the official duties of the emergency medical technician, emergency medical professional, or properly identified person working under the direction of an emergency medical professional by threatening or doing violence to the person of such emergency medical technician, emergency medical professional, or properly identified person working under the direction of an emergency medical professional is guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.

 

[beachemt]

Are you planning on getting hurt ?? i mean what does it really matter thats kinda the opposite for what were going for here as medics

 

[imurphy]

In MA:

CHAPTER 265. CRIMES AGAINST THE PERSON

Chapter 265: Section 13I. Assault or assault and battery on emergency medical technician, ambulance operator, or ambulance attendant

Section 13I. Whoever commits an assault or assault and battery on an emergency medical technician, an ambulance operator, or an ambulance attendant, while said technician, operator or attendant is treating or transporting, in the line of duty, a person, shall be punished by imprisonment in the house of correction for not less than ninety days nor more than two and one-half years, or by a fine of not less than five hundred nor more than five thousand dollars, or both.

Min in Ireland was 7 years... I miss that!

 

[BossyCow]

Are you planning on getting hurt ?? i mean what does it really matter thats kinda the opposite for what were going for here as medics

Does anyone plan to get hurt? The reality is that the threat of assault from pts is on the increase and it needs to be addressed as a scene safety issue and as a workplace safety issue.

After all, isn't 'scene safe' what we do first?

 

[mycrofft]

I had my fourth assault yesterday at the jails. (I didn't assault him!).

The first was a guy having DT's who apologized later, but spit on me (little on the cheek, I was incautious).#2 and #4 were related to pseudoseizures, different guys each time and years apart. This latest time I avoided it being a "battery". Number three was an attempt to smear blood on me from a glucometry fingerstick (three more months for assault); yes I was wearing gloves.

Bossycow, I plan to get hurt so I have avoided most opportunities. But I keep telling my boss, "You know, up to twenty years we call it "work comp", but after twenty it's "disability"! I really need to stop saying that.

 

[flhtci01]

In Illinois 720 ILCS 5/12-2

Under Illinois Law (720 ILCS 5/12-2), a person commits an aggravated assault, when, in committing an assault, they:

(7) Knows the individual assaulted to be a paramedic, ambulance driver or other medical assistance or first aid personnel employed by a municipality or other governmental unit engaged in the execution of any of his official duties, or to prevent the paramedic, ambulance driver, or other medical assistance or first aid personnel from performing his official duties, or in retaliation for the paramedic, ambulance driver, or other medical assistance or first aid personnel performing his official duties;

 

[jordanfstop]

New York State Penal Law Article 120 - Assault and Related Charges
120.05 Assault in the second degree.
A person is guilty of assault in the second degree when:
3. With intent to prevent a peace officer, police officer, a fireman,
including a fireman acting as a paramedic or emergency medical
technician administering first aid in the course of performance of duty
as such fireman, an emergency medical service paramedic or emergency
medical service technician, or medical or related personnel in a
hospital emergency department, from performing a lawful duty, by means
including releasing or failing to control an animal under circumstances
evincing the actor`s intent that the animal obstruct the lawful activity
of such peace officer, police officer, fireman, paramedic or technician,
he causes physical injury to such peace officer, police officer,
fireman, paramedic, technician or medical or related personnel in a
hospital emergency department;

120.08 Assault on a peace officer, police officer, fireman or
emergency medical services professional.
A person is guilty of assault on a peace officer, police officer,
fireman or emergency medical services professional when, with intent to
prevent a peace officer, police officer, a fireman, including a fireman
acting as a paramedic or emergency medical technician administering
first aid in the course of performance of duty as such fireman, or an
emergency medical service paramedic or emergency medical service
technician, from performing a lawful duty, he causes serious physical
injury to such peace officer, police officer, fireman, paramedic or
technician.
Assault on a peace officer, police officer, fireman or emergency
medical services professional is a class C felony.