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.
At The Zeiger Firm, we have extensive experience helping clients who face situations where arresting officers use unlawful or excessive force. Our attorneys understand the complexities of self-defense claims against law enforcement and the serious legal consequences that can follow. With a proven track record in police misconduct and civil rights cases, we guide clients through the process, protect their rights, and aggressively advocate for fair outcomes when officers exceed their authority.
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 may result in additional criminal charges.
In many cases, prosecutors may also file battery on a police officer or related assault charges, alleging that the officer was injured or subjected to unlawful force during the encounter. These counter-charges often accompany claims of self-defense and can significantly complicate a person’s legal situation.
There are limited exceptions involving unlawful arrests, which generally apply when an officer lacks legal grounds or authority to detain someone. The law varies by jurisdiction, but resisting an arrest—even an unlawful one—can still result in charges such as resisting arrest, obstructing justice, or other criminal offenses.
Lawful vs. Unlawful Arrest
- Lawful arrest occurs when a peace officer has reasonable grounds or probable cause to believe you have committed a crime.
- Unlawful arrest happens when an officer detains you without sufficient cause. For example, they could lack probable cause or a valid warrant.
An arrest may also be challenged if it was preceded by an unlawful stop. An unlawful stop occurs when law enforcement temporarily detains someone without the required legal justification, such as reasonable suspicion for a traffic stop or investigatory detention. If the initial stop is unlawful, evidence obtained during the stop—and sometimes a subsequent arrest—may be subject to suppression or dismissal, depending on the circumstances.
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. These state-specific self-defense laws mean that the scope of this right varies depending on the jurisdiction. 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.
The Barrier to Accountability: Qualified Immunity
Qualified immunity is a legal doctrine that can significantly limit accountability in civil rights cases. In lawsuits brought under 42 U.S.C. § 1983, law enforcement officers may be shielded from liability unless their conduct violated a “clearly established” constitutional right. This standard often requires prior court decisions with similar facts, making it difficult for victims of police misconduct to succeed—even when constitutional violations are alleged.
What to Do Immediately After an Incident of Unlawful Force
If you have been subjected to excessive force or an unlawful police encounter, taking swift action is vital to protect your legal rights and your health:
- Seek Medical Care: Go to an ER or urgent care immediately. Professional medical records are the most reliable evidence to document the extent of force used.
- Preserve All Evidence: Take photos of injuries and property damage. Keep the clothing you were wearing unwashed in a paper bag, and secure any available video footage.
- Invoke Your Rights: If detained, clearly state, “I am exercising my right to remain silent and I want an attorney.” Stop speaking until your lawyer is present.
- Gather Witness Info: Collect phone numbers and names of anyone who saw the incident before they leave the scene.
- Contact a Lawyer: Do not provide a formal statement or file a police complaint without legal counsel to ensure you don’t inadvertently jeopardize your claim.
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.
