According to the U.S. Constitution, police officers must only use as much force as necessary to enforce the law. This means using just enough force to handle the situation safely and effectively while considering other options when possible.
Unfortunately, excessive force or police brutality is all too common. Studies find that as many as 300,000 people suffer excessive force each year, with approximately 100,000 sustaining injuries.
If you are a victim of police brutality, you might be wondering how it can affect your case. Here are some important things you should know.
Can you sue the police for excessive force?
Suppose you believe that a police officer used more force than was necessary or reasonable in your situation. In that case, you may have grounds to file a civil lawsuit for violations of your rights. Filing such a case can help you recover compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Punitive damages
You can still seek compensation even if you do not suffer physical injuries. For example, you can sue for emotional distress if an officer pulls a firearm on you without a discernable reason.
It is also possible to file other claims if you believe the officer violated other laws, such as the anti-discrimination. This applies in cases where law enforcement personnel target certain groups for inappropriate reasons, such as racial profiling.
Will the police drop my charges if they use excessive force?
Excessive force will not automatically cancel or impact any criminal charges you face. However, the prosecutor may propose a release-dismissal arrangement if you file a civil lawsuit against the police for the injuries you suffer.
In this kind of agreement, the prosecutor may dismiss your case if you agree to drop the lawsuit, but your case will need to meet specific guidelines.
How can this affect my defense strategy?
Your defense attorney might use evidence of excessive force to argue for mitigating circumstances in your case. They could challenge the credibility of the arrest or argue that your rights were violated.
If you prove excessive force, it might lead the court to review the circumstances of your arrest, which could potentially affect the outcome.
Police brutality should never be tolerated. If you are a victim of such abuse and injustice, it is advisable to seek help from an experienced criminal defense attorney who can fight for your rights.