New York Excessive Force Lawyer
The right to be free from excessive force can be found in the prohibition on cruel and unusual punishment in the Eighth Amendment and the requirement for reasonable search and seizure in the Fourth Amendment.
Excessive force refers to situations where government officials, especially law enforcement officers, entitled to use force exceed the minimum amount required to protect others or themselves from harm.
How Does the Court Determine Excessive Force?
When determining if a government official’s actions were objectively reasonable, courts look at:
- Whether warnings could have been provided or were provided.
- Whether other alternatives were available.
- Whether the individual was attempting to flee or was actively resisting arrest.
- Whether an immediate threat to the safety of others or the officer existed.
- The severity of the underlying circumstances or crime.
If you are a victim of excessive force, turn to Lebedin Kofman LLP and speak with a knowledgeable attorney about your situation. Our excessive force lawyers in New York have a lengthy track record of success in this complex practice area, as well as an in-depth understanding of the related laws. We can guide you every step of the way as we protect your rights and help you make well-informed decisions. You can rely on us to fight for the fair and full compensation to which you are entitled.
Call 646 663 4430 to request a free consultation. Our New York excessive force attorneys speak Korean, Russian, Portuguese, Mandarin, and Spanish.
What is The Use of Force Spectrum?
The right to make an investigatory stop or arrest carries with it the right to use some degree of threat or physical coercion. However, the degree of force or coercion used needs to be proportional to the threat and escalate only in response to the threat.
A law enforcement officer should use the following methods, in order, to diffuse a situation:
- Physical presence — simply being present.
- Verbalization — using anything from direct orders to non-threatening requests.
- Empty-hand control — using physically bodily force through kicks, punches, holds, or grabs.
- Less lethal methods — utilizing weapons such as police dogs, Tasers, chemical sprays, or batons.
- Lethal force — utilizing lethal weapons such as guns.
Compensation for Excessive Force Cases
As a victim of excessive force, you may be eligible for compensation. This compensation can be used to help cover:
- medical bills,
- lost wages,
- disability-related expenses,
- pain and suffering, and more.
Our attorneys always fight for the maximum compensation our clients deserve.
Call 646 663 4430 to Get Started
If you want to learn more about your case and how we can help you resolve your problems, reach out to us and set up a complimentary initial case evaluation. We can help you figure out the best way to proceed.