Experiencing police brutality is traumatic. If you’re facing criminal charges, it can also complicate your legal situation. Police misconduct, including excessive force, violates constitutional rights and can impact any criminal charges brought against you. A criminal defense attorney who knows how to defend against criminal charges after police brutality can help.
The Zeiger Firm, headed by a trusted Philadelphia police brutality lawyer, defends criminal charges while holding law enforcement accountable for their actions. Our firm also handles civil lawsuits against the police. If you’ve been a victim of police brutality or mistreatment from other law enforcement officers, call us for a free consultation.
What Is Police Brutality?
Police brutality is the misuse of authority by law enforcement officers, often through the use of excessive force. While police officers help maintain public safety, some overstep their boundaries. Brutality from law enforcement officers is considered police misconduct.
Police departments often have their own use of force policies that dictate when and how physical force is allowed. Generally, law enforcement officers can only use deadly force when someone is in imminent danger, and there’s no other option. Even less-than-lethal force may be disproportionate, depending on the situation. For example, using physical force against someone already subdued is excessive.
Police misconduct undermines trust in law enforcement. Victims often suffer significant personal and legal consequences. Police misconduct attorneys can assist individuals who have suffered civil rights violations due to the excessive use of force by police officers. Through a police brutality case, you can seek compensation for the harm you suffered due to police violence, such as medical costs, lost wages, and pain and suffering.
Can Police Brutality Affect My Criminal Case?
Police brutality can significantly affect your criminal case, especially if the police misconduct occurred during your arrest or investigation. For example, if law enforcement used a taser on you after you were already subdued, your attorney can use that fact to discredit the prosecution’s case.
Key considerations include:
- The exclusionary rule: This rule prohibits the use of evidence obtained through unconstitutional actions, such as unreasonable searches and seizures, in court.
- Discrediting the prosecution: Police misconduct casts doubt on the integrity of the case against you, potentially weakening the prosecution’s case.
- Motion to dismiss: Your lawyer may argue that the officer’s actions were unlawful and your charges should be dismissed entirely.
Your criminal defense lawyer can use any evidence of police brutality to challenge the prosecution’s narrative. An attorney with experience defending criminal charges after experiencing police brutality can help bring the misconduct to light.
What Is the Police Brutality Defense?
The police brutality defense is a legal strategy. It challenges criminal charges by exposing misconduct committed by law enforcement during arrests, detentions, or investigations. This defense argues that police officers are not above the law—they must adhere to constitutional standards when interacting with others. If an officer violated a suspect’s civil rights by using excessive force, coercing the victim, or using other unlawful tactics, it can undermine the charges brought against them and may result in case dismissal.
If you experienced unnecessary physical violence, coercion, or other forms of misconduct, your attorney may argue that these actions violated your constitutional rights. Highlighting these violations can weaken the prosecution’s case by challenging the validity of evidence obtained during the incident. Violations can also discredit testimony from the officers involved.
For example, if an officer used excessive force during your arrest, your lawyer could show evidence of that misconduct. This defense is often supported by body camera footage. If other witnesses saw the incident, they may testify, and medical reports can help document your injuries. Your attorney can argue that your charges result from law enforcement’s unconstitutional actions.
In some cases, your attorney may argue that any resistance on your part was an act of self-defense against unlawful force. Courts typically discourage resisting arrest. However, there are limited circumstances where self-defense against law enforcement may be appropriate. Your attorney will evaluate your case and explain potential defenses for each charge.
Legal Rights After Police Brutality
You may have various options when law enforcement violates your constitutional rights, including:
- Filing a civil rights lawsuit: Victims of police brutality can sue for compensation under 42 U.S.C. § 1983. This statute provides legal recourse for victims of law enforcement who have suffered constitutional violations, allowing them to recover financial compensation for medical expenses and other harm they have suffered as a result of the violation.
- Documenting misconduct: Your attorney may collect evidence such as medical records, witness statements, and body camera footage to support your claims.
- Defending criminal charges: If you’re charged with a crime, you are entitled to work with a criminal defense attorney to challenge those charges. Evidence gathered regarding unconstitutional actions, such as excessive force or unlawful arrests, may not be admissible. Your lawyer can use this evidence to question the police and the prosecution’s credibility.
Fighting back against police brutality does not mean resorting to physical resistance. The most effective way to challenge police misconduct is through the legal system. This legal process typically goes through this pattern:
Avoid Physical Resistance
Compliance is typically the safest course of action during police encounters, even if the officers are acting unlawfully. Physical resistance can escalate the situation and lead to additional criminal charges, like resisting arrest or assaulting an officer.
File Complaints
Victims of police brutality may file an internal police complaint. Internal complaints may prompt an investigation and can serve as a foundation for any future legal action you take.
If possible, document the incident in detail. Write down your memory of events while they’re still fresh in your mind. When gathering evidence, include the names and badge numbers of the officers involved. Videos, photos, and eyewitness statements can strengthen your case.
Hire a Police Brutality Lawyer
Working with an experienced police brutality lawyer allows you to pursue all appropriate legal avenues. This might involve filing a civil rights lawsuit against the offending officers or the police department for violating your constitutional rights. If you’ve been charged with crimes stemming from the incident, your attorney can highlight how police misconduct affected your case. Civil rights lawsuits can recover compensation for your injuries, emotional distress, and other losses—and they can help hold officers and departments accountable for their actions.
Contact The Zeiger Firm for a Free Case Evaluation
Now that you know how to fight criminal charges after police brutality, The Zeiger Firm is here to help. As a leading Philadelphia police brutality lawyer, Brian Zeiger has extensive experience in defending criminal charges and holding law enforcement accountable.
Let our legal team fight for you. Contact us today for a free case evaluation.
