If the police use too much force in your arrest and especially if you end up hurt because of it, this information should be raised in your criminal defense and possibly in a separate case against the officer and department responsible. Knowing how to define excessive force is important for your future if you want to raise a claim against an officer who took things too far.
If you have been accused of a crime, it’s important to realize that you are innocent until proven guilty and that the police cannot violate your constitutional rights simply because they are zealously pursuing an alleged suspect. Excessive force may lead to raising questions in your criminal case and could also lead you to file a lawsuit about any injuries you have sustained.
A law enforcement officer in Florida has the right to use the force that is reasonably necessary under the circumstances to make a legal arrest. An unreasonable seizure of evidence or a person, however, can occur when a police officer or other law enforcement authority uses excessive force. This is a tricky legal concept and one that should be argued directly by your criminal defense attorney. Excessive force is classified as using any force that is excessive given the circumstances of the situation or that is not reasonable. Incremental steps is the most common method used by police officers when it comes to excessive force. Excessive force may include:
- Baton strikes
- Use of firearms
If you believe that the police officer used excessive force in accusing you of a crime in attempting to arrest you, you need to keep copies of all of your medical records and take note of the situation to share it directly with your criminal defense attorney. It is never easy to find yourself in this situation when you are also facing mistakes associated with criminal charges, but choosing the right lawyer to represent you can make a big difference in the future of your case and in your ability to fight off a conviction.