This was something I submitted a feedback report on during PTS and I was really hoping it would have been addressed...my quick death proved it was not. It would be nice to have a toggle that would stop our "smart heals" i.e. Mutagen for example, from hitting anyone flagged as a fugitive. There is a toggle in the Settings menu for targeting NPC's, so I would think that adding a healing toggle would be possible as well.
As it stands right now, if a fugitive gets hit with any of my healing spells inadvertently I am immediately flagged and pummeled. What if I want to heal or shield the NPC so they live long enough for the guards to show up and help? I know Justice is in its infancy, I just hoped it wouldn't launch with player driven crime only, as there is no player driven enforcement possible at the moment.