Police Excessive Force Lawyer in California | BNCL Law Firm

Police Excessive Force Lawyer in California

Police officers are allowed to use a certain amount of force while performing their official duties. However, the force they use must be reasonable and necessary. Force can also only be used when an officer needs to defend themselves or others, or when they need to make an arrest. Too often, though, police officers use force that is not considered reasonable or necessary. Excessive force is often a violation of the Fourth Amendment, which guarantees everyone in America the right to protection from an arrest or search and seizure without probable cause.

If you or someone you love has been the victim of excessive force, you may have a valid legal claim for compensation. We, at Burris, Nisenbaum, Curry & Lacy are here to help. Our California excessive force lawyers can advise on the financial compensation to which you are entitled.

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The terms excessive force and deadly force are often used interchangeably, but there are differences between the two. Excessive force occurs any time a police officer goes too far and uses force that exceeds what is considered reasonable and necessary. For example, a police officer may have subdued a suspect and handcuffed them while placing them under arrest. If the suspect did not pose any threat and the officer punched them, that is excessive force. Excessive force is always illegal because it is always unnecessary.

Deadly force, on the other hand, while much more serious, is not always against the law. Police officers can use deadly force when they believe someone poses a significant risk of hurting the officer or other people. For example, if an officer had caught a suspected murderer and that person tried to flee, the officer could use deadly force to stop them because of the harm the individual could cause other people.

There are many ways police officers engage in excessive force. Some of the most common of these are as follows:

  • Beating individuals who have already been detained or subdued
  • Police shootings when there was no reason for the officer to defend themselves or others
  • Using pepper spray improperly, such as when a suspect has been subdued or shows signs that they are in distress
  • Using tasers improperly 

If you have been a victim of excessive force by a police officer, you have the burden of proof to show that the police officer used excessive force. You do not have to prove this beyond a reasonable doubt, but only by a preponderance of the evidence, essentially showing the excessive force “more likely than not” occurred. However, if the officer in question raises the argument that the use of force was justified, the burden of proof then shifts to the officer to prove they acted within their legal authority.

No one should ever suffer from excessive force at the hands of someone who is supposed to protect them. At Burris, Nisenbaum, Curry & Lacy, our California excessive force lawyers can prove the officer’s wrongdoing to help you collect the full and fair damages to which you are entitled. Call us now or reach out to us online to schedule a consultation with one of the skilled attorneys on our team and to learn more about how we can help.

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    Our Offices

    Northern California Office Airport Corporate Centre
    7677 Oakport Street, Suite 1120
    Oakland, CA 94621
    Ph: (510) 839-5200
    Southern California Office
    9701 Wilshire Boulevard, Suite 1000
    Beverly Hills, CA 90212
    Ph: (310) 601-7070
    For press inquiries,
    please contact:
    Lee Houskeeper
    newsservice@aol.com
    Ph: (415)654-9141
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