Interactions with law enforcement can be unpredictable. While police officers are supposed to uphold and enforce the law, they can overstep their authority. If a police officer uses unlawful force against you, do you have the right to fight back? Can you fight back if police attack you? Is it legal to defend yourself against police? These questions often come up in situations where law enforcement uses excessive force.
The United States Constitution protects us from unlawful arrest and excessive force, but laws regarding self-defense against police officers are complex. While the right to self-defense is well established, resisting arrest – lawful or unlawful – can lead to severe legal consequences.
What Is Unlawful Force?
Law enforcement officers generally have the authority to use force when necessary. “Necessary” situations, however, are not always clear. This usually occurs when law enforcement officers are making a lawful arrest or protecting the public. However, this power is not unlimited. When an officer uses more force than is legally justified, it becomes unlawful force.
Unlawful force is when the use of force is more than what is reasonable under the circumstances. Police officers are allowed to protect themselves and others, or subdue a suspect – but that authority is subject to specific rules and limitations.
When a police officer uses excessive force, that means they’ve used more force than necessary to subdue a suspect, control a situation, or protect themselves or others. The legality of force is usually judged by the standard established by the U.S. Supreme Court in Graham v. Connor. This case set a “reasonableness” standard: Are the officer’s actions objectively reasonable, based on the totality (entirety) of the circumstances? In other words, would another reasonable officer have acted similarly?
Deadly Force vs. Reasonable Force
Generally, there’s a difference between reasonable force (which is proportionate to the situation) and deadly force. Under the Fourth Amendment, police officers can only use lethal force if they have a “reasonable belief” that they are facing an immediate threat of death or serious bodily injury. For example, if a person is waving a baseball bat at an officer 100 feet away, law enforcement officers could not reasonably believe they were facing an imminent threat of death. However, deadly force can be reasonable force when, for example, a suspect is pointing a gun at them.
Another example is in Tennessee v. Garner, where the Supreme Court ruled that law enforcement cannot use deadly force against a fleeing suspect unless that suspect poses a significant threat. This case required that officers justify their actions based on the level of threat they perceive at the time. When someone is running away, they usually aren’t a physical threat.
Can You Resist Unlawful Arrest?
People often ask, if a police officer assaults you, can you defend yourself? Can a citizen use force to resist an unlawful arrest? Can you fight back against a police officer? Self-defense against police seems reasonable. After all, if they can only use reasonable force against a suspect, it seems like citizens should be able to fight back when they use unreasonable force.
Unfortunately, this is not true. While you have the right to protect yourself from unlawful actions, using force to resist an arrest can lead to serious legal consequences, even if the arrest itself is unlawful. When an officer has probable cause to make an arrest, resisting can lead to charges, even if the person being arrested believes the arrest is unjust.
However, there are exceptions when it comes to unlawful arrests. These usually apply when the officer does not have legal grounds or authority to detain someone. The law varies by jurisdiction, but generally, resisting an unlawful arrest can lead to charges of resisting arrest, obstructing justice, or other offenses.
Lawful vs. Unlawful Arrest
A lawful arrest occurs when a peace officer has reasonable grounds or probable cause to believe you have committed a crime. In contrast, an unlawful arrest happens when an officer detains you without sufficient cause. For example, they could lack probable cause or a valid warrant.
Generally, no one can use physical force against an officer just because they disagree with being arrested. Even if the arrest is unlawful, citizens are usually prohibited from using physical force to resist. If you’re unlawfully arrested, you must comply and then challenge the arrest in court.
How Unlawful Force Can Affect Your Rights and Your Legal Recourse
When police officers use unlawful force, it may violate your constitutional rights and lead to serious legal consequences. If an officer’s actions are deemed unlawful, they could be held accountable under 42 U.S.C. § 1983. This law allows victims of police misconduct to file civil rights lawsuits. Other legal options include filing internal complaints, seeking criminal charges against the officer, or pursuing compensation for injuries.
While courts generally discourage resisting arrest, some states recognize a limited right to self-defense against unlawful police violence. Potential defenses include proving the officer acted illegally, demonstrating that your actions were instinctive rather than intentional resistance, or arguing that the force you used was reasonable in response to excessive police force. However, these defenses can be difficult to win. Courts often side with law enforcement. If you would like to know how the law applies in your particular situation, you can call The Zeiger Firm for a free consultation.
How Can You Fight Back Against Police Brutality?
Physically fighting back when arresting officers use unlawful force is tempting. However, the safest and most effective way to fight back is through legal action.
If you’re charged with resisting arrest after defending yourself, your defense may focus on proving the force applied was excessive or that your actions were instinctive rather than intentional resistance.
While physical resistance is rarely legally justified, documented evidence – such as body camera footage, witness testimony, and medical records – can strengthen your case. Working with an experienced attorney can help you build a strong defense.
Contact Brian Zeiger to Learn More About Your Legal Rights
Because police brutality cases are legally complex, working with an experienced police misconduct attorney is important. Legal representation can help challenge wrongful charges, file lawsuits for damages, and hold officers accountable. If you believe your rights have been violated, contact The Zeiger Firm today for a free case review.
