With so many more cases of police misconduct being aired on national news, Florida residents want to be prepared if they encounter a similar situation. Will the police be held responsible and can improper use of force be used in your favor? Here’s what you should know. 

Minor Injuries Typically Don’t Constitute Police Brutality 

To qualify as “brutality,” the actions of the police must cause serious or grave bodily harm to a suspect. Reasonable injuries are allowed, like bruising from metal cuffs or zip ties and sprains or even dislocated joints from having their cuffed arms pulled back and forth. 

Only Certain Types of Charges Could Benefit From a Brutality Defense 

A police brutality defense is really only useful against charges that stem from the arrest, like resisting arrest or assault of a police officer. In these cases, self defense against police violence may be an adequate defense. Other charges like theft or murder generally won’t be affected by whether or not the police made a violent arrest.  

There Needs to Be Enough Hard Evidence Against the Officer(s)

It’s not often that an officer in America – or Florida for that matter – is held responsible for harming a criminal suspect in the line of duty. It’s crucial to get as much evidence as you can as quickly as you can, especially if you want not only accountability but a defense against assault or resisting. 

Media Attention May Be Helpful

Whether or not you want to try to build your defense on claims of brutality or you simply want the officer who assaulted you to face the appropriate penalties, consider the benefit of public attention. Most, if not all, successful police brutality cases involve some component of media coverage or public attention that forces departments to make fair decisions instead of blindly protecting at-fault officers. While this still happens, the more public pressure there is, the harder it is for them to do. 

A Skilled Palm Beach County Criminal Defense Lawyer Is Invaluable

Being the victim of police brutality is a frightening and life-changing experience. You need someone on your side who will be able to provide you with comprehensive legal assistance and advocacy when it matters most. Michael T. Rabideau is a veteran Florida criminal lawyer practicing in Palm Beach county and surrounding areas. Call for more information by dialing (561) 820-4848.