With the recent rise of publicity surrounding cases of police brutality across the country, many people are wondering what to do if it happens to them. You may be able to use police brutality as a defense to certain charges like resisting arrest or assault against a law enforcement officer if the following are true.
Law Enforcement Critically Injured You
Minor injuries commonly occur during an arrest and typically aren’t considered police violence. Significant injuries must occur for an officer’s actions to fall within the category of brutality. Police will also work hard to minimize your injuries to avoid culpability.
The Police Had No Reason To Do So
To successfully use police brutality as a criminal defense, you must also show that the police did not have any reason to use the amount of force they did. For example, it must be clear that you posed no actual threat to the officer(s) and they had no reason to believe that you did.
You Were Charged With Resisting Arrest
If you were charged with resisting a police officer or assaulting one, a police brutality defense may be useful. But it’s important to note that other criminal charges like manslaughter or theft aren’t going to be lessened or dismissed if you were a victim of brutality. You will still be tried for those charges in a court of law.
You Can Obtain Concrete Evidence Of What Happened
It will be difficult if not impossible to successfully use a police brutality defense without hard evidence, let alone actually get the officer held publicly accountable among their peers. What kind of evidence you have and how much matters, regardless of your end goal. Ask anyone you remember seeing from the scene of your arrest to see who might have images or video on their phone or who would be willing to write out a witness statement.
You Have Qualified Maryland Criminal Defense Representation
If you have been arrested for a crime, especially if that arrest was brutal or violent, you must have a qualified and compassionate Ocean City, Maryland criminal defense lawyer on your side. Richard Brueckner has the skills and experiences you need to successfully overcome criminal charges and hold police departments responsible for misconduct. Call now to learn more or to book a free consultation by calling 410-430-1464.