How does someone willfully interfere with a fire fighting operation?
To prove a defendant guilty of willfully interfering with a fire fighting operation, the Commonwealth must prove that:
- That the defendant obstructed, interfered with, or hindered a firefighter or firefighting force
- That the defendant obstructed, interfered with, or hindered willfully
If the Commonwealth has proven both elements beyond a reasonable doubt, then the jury should find the defendant guilty. If the Commonwealth has not proven both elements beyond a reasonable doubt, then the verdict must be not guilty.
What does it mean to have acted willfully?
In legal language, a defendant acted willfully if he or she acted both with the intent to commit the act or acts that obstructed, interfered with, or hindered the fire fighter or fire fighting force, and with the intent to cause obstruction, interference, or hindrance of the fire fighter or fire fighting operation.
What if I had good intentions getting involved?
Regardless of a person's intentions, if the defendant willfully obstructs a firefighter or firefighting force, the defendant is guilty.
In once case, Commonwealth v. Joyce (2013), the court ruled that the defendant was guilty of interfering with a firefighting operation, even though he claimed he had the intention of saving pets inside a burning building. Lawyers presented evidence before the court that when he could have been saving pets, the defendant instead shouted profanity and threats at safety personnel.
IF YOU OR A LOVED ONE HAVE BEEN CHARGED WITH WILLFUL INTERFERENCE WITH A FIRE FIGHTING OPERATION, AND YOU NEED AN EXPERIENCED CRIMINAL DEFENSE LAWYER WORKING ON YOUR SIDE TO PROTECT YOUR RIGHTS, PLEASE CONTACT CRIMINAL DEFENSE ATTORNEY WILLIAM J. BARABINO.
CALL 781-393-5900 TO LEARN MORE ABOUT YOUR AVAILABLE DEFENSES.
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