What to do if I’m accused of battery on a paramedic who responded after I had a grand mal seizure?

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What to do if I’m accused of battery on a paramedic who responded after I had a grand mal seizure?

I’ve no recollection of the event. I can’t afford a lawyer and public defender says can’t represent because judge ordered no jail time at arraignment. Best defense for myself?

Asked on August 26, 2013 under Criminal Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Battery is the intentional harmful or offensive touching of the person of another without consent or legal privilege.

A criminal offense requires a physical act and the requisite mental element.  Here the requisite mental element is intent.  If you were having a seizure, you did not act intentionally because you could not have formed the requisite mental state of intent.  Your touching of the paramedic was involuntary.  Therefore, your defense is that you did not commit battery because your seizure prevented you from having the requisite mental state necessary for the intentional act of battery. 


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