What Evidence Matters Most in an Excessive Force Case If You Have a Record?
Excessive force cases are hard to prove in any situation, but if you have a criminal record, it may feel like the odds are completely stacked against you. You may worry that your record will overshadow everything else in your case, and when you see how the media talks about police brutality victims, that’s a legitimate concern. And that’s why it’s important to have a strong California excessive force attorney advocating for you every step of the way.
If a police officer has left you injured after an excessive force incident, having the right legal team matters. Attorney Dale K. Galipo of the Law Offices of Dale K. Galipo & Associates is fiercely committed to fighting for his clients’ rights, earning him a spot on a list of The Daily Journal’s Top Plaintiff’s Lawyers. Ready to discuss your case with our excessive force law firm? Discover the options available to you now by calling us at 818-347-3333 or contact us online at www.GalipoLaw.com.
How Criminal Records May Affect Excessive Force Claims
A prior record doesn’t give an officer permission to use excessive force. Courts determine whether or not an officer’s actions are reasonable based on the situation they faced at the time, not based on the other party’s background. One issue that often comes up is what the officer knew in the moment. If they did not know about an individual’s criminal record until after the altercation, that does not justify their actions. Note, though, that even if they were aware of the individual’s criminal record, that does not justify higher levels of force on its own.
Law enforcement’s attorneys may try to introduce prior conduct in an effort to paint them in a certain light for the jury, but there are limits to this. Judges want to keep the focus on the incident itself.
What Courts Look At: The Legal Standard
Excessive force claims are generally viewed through a lens of objective reasonableness. The courts ask if a reasonable police officer put in the same situation would have acted the same way.
To determine this, courts may consider factors like:
- Severity of the suspected offense
- If the person posed an immediate threat
- If the person was resisting arrest or attempting to flee
These factors are tied to the moment that force was used, not the criminal history that the person has. This highlights the importance of an excessive force lawyer who can focus on the use of clear, objective evidence.
Most Important Evidence in an Excessive Force Case
If police can’t defend themselves solely based on a victim’s character, what evidence is relevant in your case? Your excessive force attorney may use:
- Body camera and dashcam footage
- Civilian video and surveillance footage
- Witness statements
- Medical records and other documentation of injuries
- Police reports and use-of-force reports
- Timeline evidence
How Your Attorney May Limit the Impact of Your Record
Any experienced excessive force lawyer knows that a victim’s criminal record is likely to come up as a defense for the police department, so they’ll take proactive steps to limit its impact. There are numerous ways they may do this. They may file motions to exclude irrelevant prior conduct, arguing that such evidence would prejudice a jury against the victim.
Attorneys also take steps to reframe the narrative. They don’t want the case to focus on who you are (or who you used to be). They keep the emphasis on what happened and why it was excessive. Their goal is to keep the case centered on the officer’s actions, the level of force used, and why that level of force was not justified.
Common Defense Arguments
Law enforcement officers may argue that they had to use force because they were in danger or the situation itself was dangerous. A strong legal strategy demands actual evidence of an immediate threat at the time force was used—not a later discovery of a victim’s criminal record that can serve as a convenient scapegoat.
It’s also common for officers to claim force was necessary to regain control of a situation. Your lawyer may compare the level of force used to the level of resistance (if there was any). If an officer’s level of force escalates a situation dramatically, their actions may not be viewed as reasonable.
Take the First Step With Our Excessive Force Law Firm in California
The team at the Law Offices of Dale K. Galipo is here to help you seek justice after an excessive force incident. Let’s discuss your path forward—contact us online or call us at 818-347-3333.
