Pensacola Criminal Attorneys Break Down How to Fight Police Brutality Charges
Allegations of police brutality can be scary and overwhelming to deal with. As a Pensacola criminal defense attorney, I’ve helped numerous clients who were accused of using excessive force in their roles as law enforcement officers.
Let me break down how these cases typically go and the best defenses to fight back against police brutality claims.
Understanding the Accusations
Police brutality refers to officers using excessive or unlawful force against civilians. This can involve physical harm like punching, kicking, or assault with a weapon. However, it also covers verbal attacks, racial profiling, false arrests, and overstepping authority.
Common allegations we see in Pensacola include:
- Use of excessive force during an arrest
- Harassment of minorities and racial profiling
- Intimidation tactics during questioning
- Falsifying reports to justify violent arrests
The charges can range from misdemeanor assault to felony civil rights violations. The consequences are severe with potential prison time, career-ending discipline, and civil lawsuits.
Gathering Evidence to Build Your Defense
The first step is collecting as much evidence as possible to dispute the accusations. We immediately file requests for all investigative materials including:
- Dash and body cam footage
- Police reports and internal affair documents
- Witness statements
- Photographs of supposed injuries
- Background on the accusers
I also send our private investigators to interview witnesses and recreate the scene. The goal is compiling proof – or creating doubt – about what exactly happened.
We’ve had cases dismissed by finding a witness to contradict the claims or video evidence that tells a different story. The more documentation the better.
Using Legal Protections for Law Enforcement
Florida provides police officers with special legal protections that regular citizens don’t get. These can be hugely beneficial to fight charges of excessive force.
One example is qualified immunity. This shields government officials – including cops – from civil lawsuits unless they clearly violated established statutory or constitutional rights.
We can argue the officer acted reasonably within their duties. Even if mistakes happened, qualified immunity protects them if the conduct wasn’t blatantly illegal or unconstitutional based on previous court decisions.
Other defenses look at use of force policies and whether the officer’s reactions aligned with their training. We scrutinize if they had probable cause for arrests and acted properly securing scenes.
Bottom line – the law gives cops a lot more leeway for judgement calls and use of force compared to typical self-defense claims.
Attacking Credibility of the Accusers
A common strategy is attacking the credibility of whoever made the complaint. We dig into their background for red flags that could weaken their position:
- Criminal history like theft, fraud, or false police reports
- Pending charges they could be trying to leverage
- Past complaints against the department
- Inconsistencies in their statements
- Social media posts contradicting injuries
If we uncover proof they are lying or fabricated allegations for personal gain, we can flip the case around entirely.
Negotiating with Prosecutors
Most police brutality cases come down to disputed facts and interpretation of events. Prosecutors know convicting a cop is an uphill battle with all the built-in legal protections.
That gives us a lot of leverage to negotiate reduced charges or diversion programs to avoid criminal penalties. These cases often end in settlements rather than long, expensive court battles. Beating allegations of excessive force requires acting swiftly to gather favorable evidence and leverage any credibility issues with the accusers. Police officers have legal defenses unavailable to civilians.
However, these cases often boil down to he-said/she-said interpretations of intense, rapid interactions. An experienced attorney can cast doubt on accusations and negotiate resolutions that save your career. Don’t wait to seek help fighting back.
I know the stress and anxiety these situations cause, both personally and professionally. I’ve represented good cops put in lose-lose scenarios. I believe in fighting for justice while also giving officers the benefit of the doubt most civilians don’t receive.
Reach out for a free consultation if you’re dealing with police brutality charges. Having an advocate in your corner makes all the difference.