When is a First Responder Immune from Charges for Injuring You?

When a first responder, such as an emergency medical technician, firefighter, or police officer, responds to a call, there is always the risk that someone may be injured during the encounter. In non-emergency situations, if someone injures you intentionally, it might be possible to press charges against them. First responders, however, have some protections against this. 

First Responders and Immunity

Think about it. When a first responder is on the scene – whether they are an EMT, a firefighter, or a police officer – they may do all sorts of things that, in another context, could result in them facing prosecution for one or more crimes. EMTs may have to reveal sensitive areas of the body in order to stop the flow of blood after an accident and then may have to strap the injured patient onto a stretcher to secure them while the ambulance takes them to the emergency room. 

Firefighters regularly break windows, chop through walls, and douse homes and belongings with water and fire suppression chemicals in the course of extinguishing a blaze. 

And police officers will speed, run through red lights, tackle and handcuff fleeing suspects, and fire their weapons when necessary to stop crime. 

Any of these actions committed by a civilian would likely quickly result in them being charged with any number of crimes. 

Indiana has a number of laws in place that protect police and other emergency personnel from criminal liability for the acts that they do that are within the scope of their duties as first responders. For example, police are protected against criminal prosecution in connection with providing 911 services, “except in the case of willful or wanton misconduct.” The state has long recognized that firefighters need to enter private property in order to respond to a fire and that police officers must engage in conduct that would otherwise violate the law in order to stop crime and protect the peace. 

That said, this kind of immunity has its limits. When the first responder acts in a way that causes harm and is “willful and wanton,” or that otherwise is not justified by the situation, they may be prosecuted for doing so. An EMT can be prosecuted if they molest a victim. A firefighter can be prosecuted for vandalizing property where there is no emergency to justify the damage. And a police officer can be prosecuted for engaging in brutality when restraining or holding a suspect. 

Razumich & Associates Can Help if You Have Been Accused of a Crime

In some cases, police and other first responders who engage in illegal behavior while responding to a call will accuse the victim of criminal behavior in an effort to protect themselves from being accused. When that happens, you need the help of one of the experienced criminal defense attorneys from Razumich & Associates. We have years of experience defending clients in criminal matters all across Indiana. Not only can we fight to defend you against the charges you’re facing, but we can also help you decide how to bring allegations against the first responder who has committed a crime against you. 

Call Razumich & Associates today if you are facing criminal charges in Indiana or if you believe that a first responder has committed a crime against you in the course of an emergency. We can be reached at 317-983-5333 or by using our website contact form. We’re here to listen and to help!