The police and other law enforcement officers have the right to use physical force when apprehending a suspect, but they must be careful to avoid using an amount of force that is excessive under the circumstances. The Fourth Amendment to the United States Constitution protects everyone from unreasonable searches and seizures, and those legal protections extend to excessive force by police. If the police used excessive force against you during an arrest, searched you without your consent, or became physically or verbally abusive to convince you to comply, their unlawful actions could support your defense.
Philadelphia criminal defense attorney Brian Zeiger has extensive experience with police excessive force cases and can help you seek reduced or dismissed charges if the police injured you during an arrest. Attorney Zeiger can also help you file a police brutality lawsuit to seek fair compensation for your physical injuries. Zeiger has represented Philadelphia residents in criminal defense and civil rights cases for over 20 years, giving him a deep wealth of knowledge and experience to draw from. Our firm will make the legal process as painless as possible while aggressively defending your constitutional rights. Call now or complete our contact form for a free case evaluation.
What Is Excessive Force?
Police must sometimes use physical force to restrain a suspect during an arrest. However, the force used must be reasonable given the circumstances of the arrest. But what factors determine the “reasonable” force a police officer can use?
When it comes to police use-of-force claims, the courts have ruled that excessive force happens when an officer goes beyond what is necessary to control a situation. While police have the authority to use force, that force must match the threat or overcome resistance they face. If an officer uses more force than necessary—such as striking a suspect who has already surrendered or using deadly force against someone who poses no immediate danger—that may be excessive.
Courts decide whether the level of force an officer used was excessive based on the details of each case. In Graham v. Connor (1989), the U.S. Supreme Court ruled that an officer’s actions should be judged from the perspective of a reasonable officer in the same situation. This means factors like the severity of the crime, the suspect’s behavior, and whether the suspect posed a danger to the officer or others, all play a role in determining whether the police use of force was justified. If an officer crosses the line, the victim may have an excessive force claim.
How an Experienced Criminal Defense Lawyer Can Help If Police Used Excessive Force
While the police have some legal protection for use of force under qualified immunity laws, those protections aren’t unlimited. If you believe the police used excessive use of force against you, a Philadelphia criminal defense attorney can investigate the situation to determine whether excessive force violated your rights. If that investigation reveals that the arresting police officer violated your rights, your lawyer can file a civil rights lawsuit to seek fair compensation and hold the officer accountable for their unlawful actions.
Examples of Excessive Force
Excessive force can take many forms, both physical and non-physical. One typical example is when an officer continues to strike or restrain a suspect who has surrendered or is no longer resisting arrest. Another is the unnecessary use of lethal force, such as shooting an unarmed person who does not pose a threat. Officers may misuse tasers or pepper spray on people who are already restrained or pose no danger or immediate threat.
In some cases, unlawful detainment, verbal threats, or psychological intimidation can also qualify as excessive force. For example, keeping someone in painful handcuffs for hours without cause or threatening harm to force a confession may violate a person’s rights. Each case depends on the specific circumstances, but police must always act within legal limits.
How Excessive Force Affects Your Defense
There are three main excessive force defense strategies a Philadelphia criminal defense attorney can use if the police injured you during an arrest. The first strategy is to argue for reduced or dismissed charges because the police violated your Fourth Amendment rights. While the fact that the police used excessive force doesn’t change the facts of your underlying charges, the courts may throw out the case against you because the police didn’t follow correct procedures and may have made an unlawful arrest.
This strategy works in tandem with another way an attorney can help if the police used excessive force against you: A civil lawsuit seeking compensation for your injuries. While a civil lawsuit is separate from your criminal charges, you can pursue a lawsuit while your criminal case is pending. Depending on the facts of the case, your attorney can pursue compensation from the officer responsible for your injuries and the police department they work for. In some cases, prosecutors will drop or reduce your charges if they face pressure from a civil lawsuit.
Finally, your attorney can help you make a case to the jury for reduced charges or a not-guilty verdict during your trial. When the jury sees evidence of the serious bodily injury you sustained and how the police may have violated your rights, they may be more inclined to sympathize with you than a prosecutor or judge. This excessive force legal defense may be able to persuade the jury that other evidence is unreliable due to possible police misconduct.
A person must often win their criminal case in order to the police. For example, if you’re convicted of aggravated assault against a law enforcement officer, you cannot see them. This legal principle arose in the United States Supreme Court case Heck V. Humphrey, which found that a defendant cannot sue for damages for an allegedly unconstitutional conviction or imprisonment without showing that the conviction or sentence has been overturned.
Contact Brian Zeiger for Your Free Consultation
If the police violated your rights and used excessive force against you, Attorney Brian Zeiger is ready to help. Our firm can conduct a rigorous investigation of your arrest to see if the police broke legal guidelines when they injured you. Based on the results of that investigation, we can file a civil rights lawsuit against the officer who injured you and the law enforcement agency they work for, argue for reduced or dismissed charges based on your unlawful arrest, or both. We can also explain the legal process and key concepts so you understand what’s happening at every step of your case.
You don’t have to put up with mistreatment by the police. Call The Zeiger Firm now or reach out online for a free consultation.
