Excessive force by law enforcement is a distressing ordeal that no one should face alone. When the balance between authority and civil liberties is disrupted, it’s vital to understand your rights and the legal avenues available to seek justice. In Los Angeles, California, Kirakosian Law is your dedicated partner, specializing in representing victims of excessive force.

This blog delves into the role of an excessive force lawyer and the crucial assistance they provide to victims. We’ll explore the legal process, key considerations, and strategies to ensure your rights are protected. With Kirakosian Law, you have a committed ally ready to fight for your rights and ensure justice prevails. Join us as we navigate the path to justice in cases of excessive force.

 

What is Excessive Force?

Excessive force is a legal term that arises when government officials, who are authorized to use force in certain situations, go beyond the minimum necessary force required to de-escalate an incident or to protect themselves and others from harm. This issue can manifest in various contexts, including the treatment of prisoners and even in the course of military operations. When it pertains to law enforcement, particularly in the context of arrests, it is commonly referred to as police brutality.

The protection from excessive force is grounded in constitutional rights, primarily stemming from the Fourth Amendment’s requirement for reasonable search and seizure and the Eighth Amendment’s prohibition on cruel and unusual punishment.

Now, let’s explore where a lawyer specializing in excessive force cases comes into play and what the next steps entail for those who have experienced such unfortunate incidents. Understanding how legal representation can guide you through the path of seeking justice is a crucial part of addressing these challenging situations.

 

What To Know Beforehand

It is indeed disheartening to acknowledge that a significant number of Americans, particularly individuals from black and Latinx communities, are confronted with excessive force or police brutality on a daily basis. According to Mapping Police Violence, these incidents persist as a pressing concern.

This stark reality underscores the importance for everyone, regardless of their background, to be well-informed about what to do if they ever become victims of such incidents. Empowering oneself with this knowledge is a vital step towards addressing and rectifying the issue, ensuring that justice prevails for all.

 

Know Your Rights

If you ever find yourself as a victim of excessive force, the first step is to exercise your rights wisely. Refrain from answering any questions that aren’t absolutely necessary, for instance, providing your name. Speak only when essential, such as requesting legal representation. If you’ve sustained injuries due to the incident, promptly seek medical attention.

Avoid raising your voice, becoming confrontational, making threats of legal action, or discussing civil rights issues. It’s vital to assert your right to remain silent because anything you say may be used against you in the future. This initial response can help protect your interests and rights during a challenging situation.

 

Can I Resist An Arrest?

In most situations, people don’t have the right to resist arrest, whether it’s a lawful or unlawful arrest. This rule is in place to prevent dangerous escalations that can harm the person being arrested, the officers, or bystanders. If you believe an arrest is unjust, it’s generally safer to address it in court rather than by resisting.

However, if an officer uses excessive force that could seriously hurt or kill you, you have the right to defend yourself against that harm. In these cases, it’s considered self-defense rather than resisting arrest in many states.

But in California, you can’t typically resist an arrest, lawful or not. So, it’s essential to remember that it’s better to deal with the situation through legal means, especially in cases of excessive force or misconduct by law enforcement. The courtroom provides the right path to address these issues.

If you’ve been a victim and you’re seeking a way to protect yourself or prevent a recurrence of such an incident, what steps can you take?

 

What An Excessive Force Lawyer Can Do For You

 

If you’ve been a victim of excessive force or police brutality, you have the right to seek compensation for your injuries. You can potentially file a lawsuit in federal court, claiming that the police officer violated your Fourth Amendment right against unreasonable searches and seizures and your 14th Amendment rights to due process and equal protection under the law.

This is where an excessive force lawyer can help you. They play a crucial role in helping victims seek justice and navigate the legal complexities surrounding cases of police brutality or excessive force. Here’s what an excessive force lawyer can do for you:

 

  • Legal Counsel: An experienced lawyer will provide you with expert legal advice, helping you understand your rights and the options available to you. They will assess the specifics of your case and guide you on the best course of action.

 

  • Investigation: Your lawyer will conduct a thorough investigation into the incident, gathering evidence such as witness statements, video footage, and medical records to build a strong case on your behalf.

 

  • Filing Claims: They will assist you in filing appropriate legal claims, which may include a lawsuit against the responsible parties, such as law enforcement officers or the relevant governmental entities.

 

  • Negotiation: Your lawyer will engage in negotiations with the opposing party, typically the law enforcement agency or their legal representatives, to seek a fair settlement or resolution without going to trial, if possible.

 

  • Litigation: If necessary, your lawyer will represent you in court, presenting your case to a judge and jury. They will argue on your behalf, aiming to secure the best possible outcome.

 

  • Protection of Rights: Your lawyer will work to protect your constitutional and civil rights, ensuring that your case is handled in accordance with the law.

 

  • Advocacy: Throughout the legal process, your lawyer will be your advocate, working to ensure that your side of the story is heard and that you receive a fair compensation for any injuries or damages suffered.

 

  • Experienced Guidance: Lawyers specializing in excessive force cases have a deep understanding of the legal nuances and precedents in this area, giving you a significant advantage in your pursuit of justice.

 

  • Emotional Support: They can provide emotional support during what can be a challenging and traumatic experience, offering guidance and reassurance throughout the legal proceedings.

 

  • Awareness of Legal Changes: Excessive force lawyers stay updated on changes in the law and legal precedents related to police misconduct, ensuring that your case is based on the latest legal standards.

Overall, an excessive force lawyer like Kirakosian Law is your dedicated partner in seeking accountability and justice when you’ve been a victim of police brutality. They have the expertise and experience needed to navigate the legal system and fight for your rights.