The Law Offices of Mark E. Weinberger P.C.
Contact Us For A FREE Consultation 516-441-0282

What constitutes 'excessive force'?

Excessive force is one of those legal terms that is hard to pin down exactly. It is not a measurable number. And how it is determined varies widely from court to court and case to case.

But we recognize it when it happens to us, right?

Was the amount of force justified?

Excessive force occurs when police cross the line of what's reasonable and necessary to keep the peace. Adrenaline plays a significant role in the level of violence in any police action.

It is essential to the idea of policing that law enforcement officers provide muscle to stop crimes and apprehend wrongdoers. They are also allowed under the law to protect themselves.

But this permission to use force is not a green light to beat on people and cause them serious physical harm. Then the police have crossed the line into excessive force, also known as police brutality.

A sliding scale for justifiable force

Most offenders are not violent, so they require little force to arrest them or manage their actions. Excessive violence in such a situation might be minor, a push or slap. If the offender is dangerous or armed or out of control, the courts will give police much greater latitude to subdue you.

Excessive force is an issue very much on people's minds. Police today are increasingly afraid of being assaulted themselves. One sign of this fear has been police forces arming themselves with military weapons.

Nearly everyone has a smartphone to document abuses. People involved in public dissent rightfully complain that police had no need to get physical with them.

The bottom line is that excessive force cases hinge on multiple factors. In all cases, a knowledgeable lawyer is indispensable to a just outcome.

No Comments

Leave a comment
Comment Information
Email Us For A Response

How can we help you?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

The Law Offices of Mark E. Weinberger P.C.
50 Merrick Road
Suite 100
Rockville Centre, NY 11570

Phone: 516-441-0282
Fax: 516-829-0102
Rockville Centre Law Office Map