Legal Question in Criminal Law in Pennsylvania
Unintetional Assault?
A friend of mine was under the influence of at least alcohol and perhaps a pain killer. I was worried about him so called 911. he was not being aggressive, merely falling and being uncoopertive. He was definitely not in his right mind. He was resisting the EMT's so they called the Police. In the Course of them trying to get him into the ambulance he bit a police officers finger. I am not sure if he broke the skin but no one called for back-up and I'm not even sure if he was treated (other than with a band-aid). Because of this my friend was arrested and is now being charged with Aggravated Assualt, Simple Assault, and Recklessly Endangering Another Person. I have gone over the statues and it seems that for all of these charges there has to have been malicious intent. He was clearly not in his right mind and not trying to be violent, merely trying to resist becuase in his mind, he just wanted to be left alone and to go to bed. I understand it was bad of him to bite the cop, but there was no intent there (and I belive not even much of an injury). I know it depends on a lot of things but do they really have much of a case here?
2 Answers from Attorneys
Re: Unintetional Assault?
Did he accidentally bite the police officer? Was he intoxicated to the point where he should not be held accountable for his actions? We provide a free consultation.
Re: Unintetional Assault?
Under the law if certain professionals are assaulted its considered aggravated. Among those professions listed in statute are EMTs, police officers and school teachers.
The fact he was drunk doesn't matter. Voluntary intoxication is only a defense to first degree murder and even then it reduces the offense to second degree murder.
{John}
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