Law Enforcement Officers Need Protections, Too
If you are an officer of the law, you encounter countless situations requiring quick thinking and sometimes, dramatic actions. After serious events, there will be myriad back seat drivers evaluating your thoughts and actions, some more than willing to put you behind bars for the way you handle your job. If you’ve been railroaded into a corner and are facing legal action due to on-the-job reactions to difficult situations, you need an aggressive defense attorney fighting for your rights, and you need that attorney by your side today.
Use of Force
While injuries and loss of life are never the desired outcome in a police situation, there are definitely times when police use of force is justified and appropriate. Florida statute is clear in its protection of any Floridian who is put in the untenable situation of having to mitigate the dangers in a personal situation that has become out of control. In fact, every citizen has basic rights related to use of force. Such force is justifiable in these situations:
- When one reasonably concludes that force is required in order to protect oneself or other from bodily harm;
- When one is attempting to prevent the commission of a forcible felony;
- When one is protecting home and property from an intruder.
Immunity for Citizen Use of Force
The law justifies the use of force in the previously outlined situations, and, in fact, provides immunity from both civil and criminal prosecutions.
Officer Use of Force
Officers are trained to deploy offensive measures in a number of circumstances and are protected from legal retribution. For officers of the law, the legal justifications for use of force are necessarily expanded as per 776.05. Police officers are permitted to use force in the following situations:
- When attempting to arrest an individual who resists arrest;
- If the officer reasonably believes force is necessary to protect oneself or others from harm;
- When attempting to recapture an escaped felon;
- When a felon who is attempting to flee poses a risk of harm or death to others;
- When the officer believes a felon is on the run after having committed a crime involving physical harm to another person.
The law clearly protects officers who, in good faith, use force in the course of their jobs. 776.06 specifically states, “A law enforcement officer or a correctional officer is not liable in any civil or criminal action arising out of the use of any less-lethal munition in good faith during and within the scope of his or her official duties.”
Your Advocate
If you are an officer of the law facing legal action based on use of force on the job, let the Kissimmee criminal attorneys at the Salazar & Kelly Law Group, P.A. provide the advocacy you need moving forward. Contact our office today to schedule a free, confidential consultation.
Resource:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0776/Sections/0776.05.html
https://www.salazarandkelly.com/understanding-florida-felony-sentencing-guidelines/
