Q: If someone is unconscious can they be criminally charged for assault?
This person was tazed during an arrest and was unconscious the officer called EMS to preform a sternum rub. While EMS worker was performing the sternum rub the person unconscious unintentionally head butted the EMS worker. The person that was tazed only remembered getting pulled over then tazed the next thing he remembers is that he was in jail.
A: The law requires the State to prove that the person charged "intentionally, knowingly, or recklessly causes bodily injury to another..." Based on what you have presented - it sounds like the State may have a difficult task of proving the required mens rea. This does not mean the the person cannot be charged with the offense - but getting beyond a reasonable doubt is another issue all together. So to specifically answer the question, yes, a person can be charged criminally if the state doesn't believe the person tazed was unconscious when he or she head butted the EMS worker.
A person can be criminally CHARGED with head-butting the Tooth Fairy or Santa Clause or The Boogey Man but they probably won't be convicted of those things if they take a plea instead of taking it to trial with a good defense team.
If the person has a good defense team, they will have already filed written discovery requests for any BodyCam or DashCam recordings of the incident, the EMS dispatch report, and the disciplinary history for everyone involved.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.