If a person is unconscious and then awakened by a police office standing over the top of them and the officer gets hit can they be charged with the action or is there case law to protect charges?
Asked on 4/19/16, 7:41 am
1 Answer from Attorneys
Stephen Harkess
Colorado Legal Solutions
Hit by the person who woke up? They can certainly expect to be charged, but their attorney might be able to defend the case based on a lack of criminal intent if the a jury can be convinced that the assault was an unconscious reflex.
Answered on 4/19/16, 9:24 am
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