According to the American Civil Liberties Union (ACLU), New York police officers engaged in more than 5,500 “use-of-force” incidents from 2000 to 2020. During these incidents, police used pepper spray, tasers, firearms, and other weapons in an excessive manner. 10 percent of these use-of-force incidents involved people with mental health challenges, who were often tased while police carried out “welfare checks.” While many police officers carry out their duties with care and consideration, others clearly have a pattern of using “excessive force.” New York residents can benefit from a clear understanding of how excessive force is defined, and how it occurs. Residents might also benefit from a greater understanding of their rights when interacting with law enforcement, and an experienced criminal defense lawyer in New York may be able to provide further insights in this regard. Those who believe they have experienced excessive force may call 845-567-4820 to discuss this subject further alongside The Law Office of Benjamin Greenwald.
What Is the Definition of Excessive Force in New York?
According to the New York State Division of Criminal Justice Services, police officers may only use force under certain circumstances. In the Empire State, police can use force to make lawful arrests, prevent people from escaping custody, or defend themselves. They may also use force to defend other people. Even if these conditions are present, a police officer may only use a level of force that is “objectively reasonable.”
The definition of objectively reasonable in New York is somewhat vague. However, the International Association of Chiefs of Police (IACP) states that this standard is mostly based on how the officer evaluates the situation. If an officer faces accusations of excessive force, courts will try to establish what they “reasonably believed” at the time of the incident. In making this determination, courts may also evaluate the information communicated to the officer prior to the incident. Perhaps most importantly, the IACP notes that officers should only use the amount of force necessary to “bring an incident under control.”
When Is Deadly Force Allowed in New York?
There is a notable difference between “force” and “deadly physical force.” When an officer uses force, they make a physical attempt to apprehend, control, or defend against suspects. Examples of force include punching or tackling. An officer might also use non-lethal weapons, such as pepper spray or a baton. Another example of force is putting someone in handcuffs. The New York State Division of Criminal Justice Systems defines deadly physical force as anything capable of causing death or other serious physical injury. The obvious example is discharging a firearm, but officers have many other tools and techniques that can easily cause deaths and serious injuries.
In New York, officers may only use deadly physical force if they reasonably believe it is necessary to protect themselves or others from serious injury or death. They may also use deadly physical force to stop a fleeing suspect, but only under very specific circumstances. In this situation, the officer must reasonably believe the suspect has committed a violent felony, and the suspect is likely to commit further violent acts in the near future. New York officers must also provide some kind of warning before using deadly physical force – but only when “feasible.”
What Is the Chokehold Policy in New York?
Under New York law, a chokehold is an example of deadly physical force. As such, police officers may only use chokeholds under the same circumstances as other forms of deadly force – such as discharging a firearm. A chokehold is anything that may obstruct breathing, blood circulation, or the intake of air. This might include pressure on the windpipe, neck, mouth, or nose. To learn more about these policies, consider a consultation at The Law Office of Benjamin Greenwald.
Do I Have the Right to Flee From Excessive Force in New York?
A defendant might have the right to flee from an officer using excessive force in New York. If a defendant faces the threat of death or serious injury, they may be justified in running or driving away. However, they may need to establish that the officer in question was unjustified in their use of force to escape charges related to fleeing. Note that this may only apply to deadly physical force, as fleeing from non-lethal force (such as tackling) does not typically carry the risk of death or serious injury. A defendant may also be justified in fleeing from an officer who fails to properly identify themselves. For example, the officer might be wearing civilian clothing. They might also be driving an unmarked vehicle. In this situation, there is no way for a defendant to determine whether they are being pursued by a violent criminal or a law enforcement officer.
Do I Have the Right to Defend Myself Against Excessive Force in New York?
In very rare circumstances, defendants may have the right to defend themselves against police officers using excessive force. The ACLU notes that New York law allows civilians to defend themselves against any “unlawful physical force,” which might include excessive force committed by police officers. The ACLU points to a few situations in which defendants have been acquitted of resisting arrest, assaulting officers, and other charges based on this right to self-defense. In the past, courts in New York have applied this principle of self-defense to grabbing a nightstick while being beaten without justification, pushing an officer away during an unlawful arrest, and similar acts.
Contact The Law Office of Benjamin Greenwald to Ensure Your Legal Rights Are Protected
If an officer engages in excessive force, they are operating outside the confines of the law. Not only is this unlawful, but it may also make any subsequent criminal accusations irrelevant. Therefore, the incentive to prove excessive force may be high. After establishing that these incidents occurred, many defendants have secured acquittals. Others have had their charges dropped. In addition, proving excessive force helps expose officers who are abusing their authority – potentially making the entire community a safer place. Experienced criminal defense lawyers in New York can help those who need to take action against excessive force. To assess potential defense strategies in more detail, consider calling The Law Office of Benjamin Greenwald at 845-567-4820.
