If you have Netflix, you may have seen the series called Outer Banks.  I recently recalled seeing TMZ report that one of the stars on this series was arrested for attacking an emergency room staff member.  Without going into detail about what he did or did not do, if this alleged attack happened in Arizona, he would be facing a felony offense.  Specifically, under A.R.S. §13-1204(A)(8)(e) indicates that if a person assaults a healthcare worker in the course of their duties and knows the alleged victim is a healthcare worker, then the person could be facing Aggravated Assault, which would be a class 6 felony. 

However, there is a caveat to this offense and that is the person may not be held responsible if the person who committed the alleged assault is seriously mentally ill or is suffering from a mental disability.  A person charged with a class 6 felony, and is a first-time offender, may be eligible for probation and faces incarceration in prison for .33 years up to 2 years in probation and can be placed on probation for up to 3 years.  If the Outer Banks star was arrested in Arizona, and depending on the circumstances, he could be facing a prison sentence of up to 2 years.  But if the Outer Banks star was in a mental health crisis, he may not be charged or if he did not realize this emergency room staff member was a healthcare worker, then again he may not face any charges.  The problem is the State will charge him and then let his defense attorney make the arguments to the judge. 

If you or someone you know suffers from mental health issues, it’s important to make sure they are represented by a criminal defense attorney who knows how to defend their clients and understands the laws to protect those with mental health disabilities.  Call Dodge & Vega for a free consultation with a knowledgeable specialist who will work to defend your rights.

-Ben Dodge, Esq.,

Founder – Managing Partner, Dodge & Vega Lead Trial Attorney