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Joseph Martin Dobkin

Trusted Solutions For The Real World
  • Criminal Law, Arbitration & Mediation, Estate Planning ...
  • Florida
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Practice Areas
Criminal Law
Arbitration & Mediation
Estate Planning
Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
Divorce
Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce
DUI & DWI
Personal Injury
Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
Family Law
Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law
Additional Practice Areas
  • Car Accidents
  • General Civil
Fees
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Florida
The Florida Bar
ID Number: 362298
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Languages
  • Spanish
Education
University of Miami School of Law
Doctor of Jurisprudence
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Professional Associations
Florida State Bar  # 362298
Member
- Current
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Websites & Blogs
Website
Legal Answers
1 Questions Answered
Q. Could I face legal consequences for stopping my partner from self-harm using my gun?
A: In Florida, a person who intervenes to prevent someone from harming themselves generally cannot be criminally charged for injuries sustained by that individual, provided the intervention was carried out in good faith and without gross negligence or intentional misconduct.

Florida’s Good Samaritan Law

Under Florida Statute 768.13, known as the Good Samaritan Act, individuals who voluntarily and in good faith provide emergency care at the scene of an emergency are granted immunity from civil liability for any resulting injuries. This legal protection aims to encourage bystanders to assist others in emergencies without fear of legal repercussions. However, this immunity does not extend to actions that are grossly negligent or constitute willful misconduct .

Criminal Liability Considerations

While the Good Samaritan Act primarily addresses civil liability, criminal charges could arise if the person intervening acts with criminal intent or engages in reckless behavior that leads to serious injury or death. For instance, if someone uses excessive force or employs dangerous methods while attempting to prevent self-harm, they could potentially face criminal charges. However, such cases are rare and typically require clear evidence of malicious intent or extreme recklessness.

Consent and Objections

It’s important to note that the Good Samaritan protections may not apply if the individual being assisted explicitly objects to the intervention. In such cases, continuing to provide aid against the person’s wishes could expose the intervener to liability, especially if the actions worsen the individual’s condition .

Summary

In summary, a person in Florida who, in good faith, attempts to prevent another individual from self-harm is generally protected from criminal charges related to any injuries the individual sustains during the intervention. However, this protection hinges on the absence of gross negligence, willful misconduct, or actions taken against the explicit objections of the person being assisted. ... Read More
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Contact & Map
Law Offices of Joseph M. Dobkin
9990 SW 77th Ave
Penthouse #3
Miami, FL 33156-2661
US
Telephone: (305) 661-7000
Cell: (305) 951-1377
Fax: (305) 598-9088
Monday: Open 24 hours
Tuesday: Open 24 hours
Wednesday: Open 24 hours
Thursday: Open 24 hours
Friday: Open 24 hours
Saturday: Open 24 hours (Today)
Sunday: Open 24 hours
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