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Excessive Force

Excessive Force: Understanding Your Rights and Legal Options

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Confrontations with law enforcement are usually stressful, but when intense situations escalate beyond what is considered normal and necessary, “stressful” doesn’t even begin to cover it. If you’re reeling after a confrontation that did not go well, you may feel shocked and surprised. You need to know your rights. You need to know what to do next.

 

And you’re going to need a guide to help you through the journey that lies ahead. At the Lento Law Group, our nationwide team of experienced attorneys is ready to help you navigate the legal framework around excessive force. Retain the premier services of the Lento Law Group today by calling 833-536-8652, and we’ll get to work at once, pulling together a legal strategy and defense for you.


What Is Excessive Force?


In the United States, “excessive force” isn’t uniformly defined. Generally, however, the term refers to force beyond what a prudent, reasonable law enforcement officer could consider necessary when handling a confrontation with a civilian.

 

Some examples of excessive force might include:

 

•    Any unwarranted use of weapons

•    The use of physical force beyond what is reasonably needed to control a given situation

•    The use of physical force as clear punishment rather than for the purposes of prevention (or to make an arrest)

 

Excessive force is heavily context-dependent. The legality of an officer’s actions will depend on what happened surrounding those actions (and everyone’s interpretation of what happened). This can make investigating and litigating excessive force stressful and difficult.


What Are Your Rights?


Within the context of law enforcement, you have rights—and law enforcement officers need to respect those rights.

 

For example:

 

•    Under the First Amendment, you have the right to freedom of speech and assembly.

•    Under the Fourth Amendment, you have the right to not be subjected to unreasonable searches and seizures.

•    Under the Fifth and Fourteenth Amendments, you have the right to due process.

 

If, due to the improper expression of excessive force, you believe that you have rights that were, in fact, violated, you may have legal options to pursue.

 

Unfortunately, that doesn’t mean that pursuing those options will be easy. 


How to Deal with a Case of Excessive Force


Understanding your options after excessive force occurs requires a deep understanding of constitutional law, state statutes, and local ordinances. It’ll also take a lot of time and resources—both of which may be in short supply after you’ve gone through such a stressful event.

 

Interested in the most efficient, effective way possible to deal with a case of excessive force?

 

Retain the Lento Law Group to pursue your case for you.

 

Navigating the legal system is daunting. Legalese is confusing, and defending yourself against arguments can be scary.

 

The experienced, nationwide team at the Lento Law Group can help you:

 

  1. Understand your rights. Our team will take the time to understand your unique case, help you uncover the rights you have in your situation, and then delve through the specific legal standards that are applicable to your case.
  2. Investigate your claim. After your initial consultation, our team will conduct a thorough investigation to understand more about what happened—and to find evidence that will support your strategic argument.
  3. Go through legal proceedings. Whether your case can be settled out of court or you need to file a lawsuit, our team is prepared to assist you from the initial paperwork to court representation, guidance through final steps, and more.

 

Retaining the Lento Law Group is the most effective way to start working toward a successful outcome, starting today when you call our team.

 

Another helpful thing to do is learn more about your rights and the relevant regulations.


Remember Your Rights During Police Encounters


During an encounter with law enforcement, people have rights—rights that are designed and in place to protect civilians from excessive force. You’ve heard of these rights before: You have the right to remain silent, the right to avoid self-incrimination, and the right to refuse consent to a search if there is neither probable cause nor a warrant present.

 

If a suspected excessive force case is happening, try to remain as calm as possible. Comply with any basic requests and avoid further physical confrontation. After the incident has occurred, document everything that happened. Take pictures of injuries, get the contact information of witnesses, and write down (or take a voice memo of) what happened. Then, seek medical attention, report the incident, and call the Lento Law Group as soon as you can.


What About Body Cameras? Collecting Critical Evidence


Today, there are several pieces of tech—including both body cameras and dash cams, as well as smartphones—that make it possible to take footage of sensitive or dangerous events to use later in court.

 

If you’re able to turn on your phone to take footage of what’s happening, that can be a good idea but do not put yourself in jeopardy or harm’s way to do so. Be aware, too, that some law enforcement officers wear body cams, and their cars are likely equipped with dash cams. If your case goes to court, that footage will almost certainly be used as evidence to determine what happened in your altercation.

 

If you’ve dealt with excessive force, you know that it can be shocking—and it can have a profound impact on you as an individual, as well as your entire community. The first step toward justice involves understanding your rights and the legal options available to you.

 

The Lento Law Group is prepared to be your partner in this journey. We are committed to fighting aggressively for your rights or pursuing deft, strategic negotiations as your case requires. Contact the Lento Law Group today by calling 833-536-8652, and let us help you navigate the legal options before you. 

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