It happens in emergency rooms, hospitals, and nursing homes across South Florida: A patient or family member, under immense stress and strain, loses control and lashes out physically at a doctor, nurse, or other caregiver. An already volatile situation quickly escalates into a serious criminal matter.
Battery charges after altercations with health care workers are among the most sensitive cases we handle as criminal defense attorneys. Often, the person who allegedly assaulted the health care worker was in crisis and acted out of character in the heat of the moment. Yet, Florida law makes a health care worker assault or battery a felony offense with severe potential penalties.
At the Law Offices of Robert David Malove, we understand the high stakes involved when a momentary loss of control in a health care setting turns into an arrest. Our South Florida criminal defense lawyers are here to provide the knowledgeable legal guidance and aggressive defense representation you need if you or a family member is facing charges for battery on a health care worker in South Florida.
Assault and Battery in Florida Health Care Settings
Florida takes a tough line on any violence against health care workers. Florida Statute 784.07 makes it a crime to commit assault or battery on certain types of health care workers.
According to this law, health care workers include the following emergency medical providers:
- Ambulance drivers
- Emergency medical technicians
- Paramedics
- Registered nurses
- Physicians
- Medical directors
- Anyone authorized by emergency medical services who is performing their duties
- Employees, agents, or volunteers of hospitals who are employed or authorized to perform duties directly associated with the care and treatment rendered by the hospital’s emergency department or the security thereof
The law also applies to hospital personnel, including health care practitioners, employees, agents, and volunteers, who perform duties directly associated with the care and treatment rendered by any hospital department or with its security.
Any person who knowingly committed an assault or battery upon an emergency medical care provider or hospital personnel while the emergency medical provider or hospital worker was engaged in the lawful performance of their duties may have committed a crime.
Types of Health Care Worker Assault and Battery
Here are some of the charges you could face if you are arrested for a health care worker assault or battery:
- Assault. This may be charged as a misdemeanor of the second degree or a misdemeanor of the first degree. The penalties for a second-degree misdemeanor include a fine and up to 60 days in jail. A first-degree misdemeanor could result in up to one year of jail time and a fine.
- Battery. A battery may be charged as a misdemeanor of the first degree or a felony of the third degree. As with assault, a first-degree misdemeanor may result in up to one year in jail and a fine. A third-degree felony penalty may be a fine of up to $5,000 and up to five years of prison time.
- Aggravated assault. This may be charged as a felony of the third degree or a felony of the second degree. The penalty for a third-degree felony aggravated assault is the same as a third-degree felony battery. If you are charged with a second-degree felony, you could face up to 15 years in prison and a $10,000 fine.
- Aggravated battery. This may be charged as a felony of the second degree or a felony of the first degree. A second-degree felony for aggravated battery has the same potential consequences as a second-degree felony for aggravated assault. A first-degree felony conviction could bring a prison sentence of 30 years and a substantial fine.
The potential penalties may be enhanced if you had a firearm or destructive device on you at the time of the assault or battery or if you are charged with furtherance of a riot or an aggravated riot.
Comprehensive Defense Strategies in Health Care Assault and Battery Cases
Health care assault and battery cases are rarely cut and dry. When you dig into the details of what happened, there are often mitigating circumstances and hidden weaknesses in the evidence.
In these types of criminal cases, our South Florida criminal defense lawyers may consider the following types of battery and assault defenses:
Insufficient Evidence
The burden of proof falls on prosecutors to show beyond a reasonable doubt that an assault or battery occurred. Lack of credible eyewitness testimony, unclear video surveillance footage, conflicting medical records, and other holes in the evidence can all be used to cast doubt on the accusations.
Lack of Intent
Battery is an intentional act. Incidental contact, purely verbal outbursts, or involuntary physical reactions do not necessarily rise to the level of battery. A defendant's mental state, medical condition, or psychological issues may also be a factor in proving they lacked the necessary intent.
Consent or Privilege
Certain types of non-harmful physical contact may be allowable during medical treatment. If a patient previously consented to a procedure, or if inadvertent contact occurred during necessary care or restraint of a patient, it may be a defense to the battery allegations.
Misidentification
Hospitals are often hectic, especially emergency rooms. Stressed witnesses can get key details wrong or misidentify who struck them in all the chaos. Showing you were not actually the perpetrator can get charges dismissed.
Violation of Rights
Everyone has constitutional rights that must be protected, even when accused of a serious crime. If the police conducted an illegal search, coerced a statement, lacked probable cause for arrest, or otherwise violated your rights, key evidence against you may be suppressed.
Our legal team will scour every police report, medical record, and witness account to build a strong defense. If available, we'll gather additional evidence and expert testimony to support your story. You can count on us to craft a personalized defense strategy aimed at the best possible outcome - whether negotiating with the prosecutor to reduce the charges or mounting a vigorous case for acquittal at trial.
Why Trust Our South Florida Criminal Defense Law Firm?
If you've been charged with violence against a health care worker, you may be feeling stressed, scared, and unsure where to turn. It's crucial that you speak to an experienced criminal defense lawyer as soon as possible to start building your defense.
At the Law Offices of Robert David Malove, our experienced attorneys have been representing individuals accused of assault and battery crimes for more than 25 years. We understand the legal intricacies and intense emotions in these difficult situations.
When you work with our law firm, you can expect:
- Honest answers about your legal options and what to expect
- A proactive approach to gathering any critical evidence, medical records, video footage, or witness testimony that supports your side of the story
- A detailed review of all evidence, police reports, and witness testimony to identify holes in the prosecution's case
- A trusted advisor to stand by your side through police questioning, court hearings, plea negotiations, and court proceedings
- Skilled negotiation with prosecutors to have your charges reduced or dismissed whenever possible
- A formidable courtroom advocate who will fight tooth and nail for your acquittal if your case goes to trial
You don't have to face this overwhelming situation alone. We will work tirelessly to help you.
Now Is the Time to Take Action
Florida often throws the book at people accused of health care worker assault or hospital violence. Even a misunderstanding or momentary loss of control can lead to felony charges and the possibility of years behind bars. Don't try to explain your side of the story to the police alone. Exercise your right to have an attorney and get an experienced legal advocate in your corner immediately.
Remember, the prosecution is already building their case against you. The sooner you get a knowledgeable criminal defense lawyer involved, the better your chances of defeating these serious charges and protecting your future. At the Law Offices of Robert David Malove, we stand up for our clients when they need it most.