California Excessive Force Lawyer
Non-Deadly Force by a Police Officer
The majority of excessive force police abuse cases involve the use of non-deadly force, that is, cases in which no firearm or other deadly weapon is used. The non-deadly force may be administered in the form of:
- A blow from a nightstick
- The officer's fists
- By kicking or throwing the subject onto the ground or into an object
Why Do You Need an Attorney In These Types of Cases?
Whatever the nature of the force used, it is essential that an attorney explain all of the circumstances surrounding the incident clearly and simply in court, since it is the plaintiff who bears the burden of establishing that the amount of force used was not reasonable under the circumstances.
This may include conceding that the plaintiff attempted to evade capture or that the plaintiff offered some degree of resistance. In the latter case, attorney Scott D. Hughes could demonstrate that the officer's response was greater than what was reasonably necessary under the circumstances.
In assessing whether the amount of force used was reasonable, factors to consider include:
- The amount of force exerted
- The means or instruments by which force was applied
- The manner or method of applying force
- The circumstances under which force was applied
- Differences in the size, age, sex, and relative strength of the participants
Excessive force attorney, Scott D. Hughes, can investigate how the incident occurred and the nature of the injuries received as a result of the defendant police officer's use of force, particularly if those injuries are severe, readily apparent, or both. Evidence of the extent of such injuries, while not the determinative factor in assessing whether excessive force was used, is probative of the amount of force that was used.
Call for a Free Evaluation of Your Case
Scott D. Hughes is a qualified California police abuse attorney practicing in State and Federal Court. Attorney Hughes has been trained on the tactics utilized by police officers and knows how to determine whether force was used in your arrest. Highly knowledgeable when it comes to police training and matters of abuse, do not hesitate to get the legal defense you need if you were poorly treated during the arrest process.
Contact Scott D. Hughes for your free confidential evaluation if you have been a victim of police brutality in Orange County