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Unfair Treatment by an Officer

Posted by Christopher Martens | Jun 29, 2015 | 0 Comments

People in a position of authority have long been known to have a tendency to let their authority influence how they treat others. Unfortunately, this influence can have major ramifications for those being treated unfairly. Police brutality has been in the news lately with incidents happening all over the country. In Ferguson, Baltimore and New York, unfair treatment by police officers is being hotly debated. Just like people around the country, Californians too are at risk of being treated unfairly by police officers and others in a position of authority. Also termed as police misconduct or unfair treatment by an officer, this kind of behavior has hurt and put behind bars innocent people who were just trying to stand up for their rights. As of a result of unwarranted brutality and other forms of unfair treatment, some people fight back and can end up with charges of resisting arrest, battery on a police officer and any possible injuries or psychological harm done from being treated unfairly. California law protects police officers; crimes against them are taken more seriously than those against the general population. If you assault a police officer, you face more jail time and more fines and penalties than if you assault a regular citizen. Regular assault results in up to six months in jail and a fine of up to $1,000, or both. Assault against a police officer will result in up to a year in jail and a fine of up to $2,000, or both. Clearly, assaulting a police officer results in harsher consequences simply because of their profession. Because of this, they may be able to get a way with harmful behavior against others because, as regular citizens, we all know it would probably be a bad idea to fight back. Large groups of people often pose threats to both police and general citizens alike. In fighting back and trying to control crows, police may have to resort to violence directed at the whole group, meaning some innocent people, sometimes bystanders, get hurt. In the past, police officers have gone without criminal prosecution after allegations of misconduct. A series of civil-rights investigations resulted in better handling of these cases and stricter prosecution of law enforcement officers found guilty of misconduct. Unfortunately, this doesn't mean those who resist what seems like misconduct won't be criminal prosecuted as well. Just as police are being held to higher conduct standards, those who harm or attempt to harm these protected citizens will face high standards as well and will be prosecuted for their actions. It is important if you are facing charges of assaulting an officer, assaulting an executive officer or resisting arrest to work with a criminal defense attorney on formulating a strategic defense. Don't let police misconduct go unnoticed. You may be able to fight the charges if you can demonstrate the officer you assaulted or resisted was acting in misconduct, acting outside their professional duties in an unlawful way or otherwise not following the guidelines and standards for their professional duties. You may be eligible for a reduction in sentencing or a dismissal of the charges against you if you can prove the officer was handling you unlawfully. If you are ever in a situation where you were being treated unfairly by a police officer, try to talk to any witnesses to the incident. Ask them what they saw and what they heard. A witness of good character may help your case. If you want to bring the matter before the court to either seek retribution or challenge charges you incurred as a result of the incident, make sure you inform yourself first on your rights and how to stand up for them in court. If you feel you may have been treated unfairly by a police officer or have been a victim of police brutality, contact an experienced attorney right away. If you are facing criminal charges associated with this incident, you can take action and fight for your rights as a citizen. Don't let unfair treatment by an officer result in a mark on your criminal record; there may be defenses available to you. All citizens have a right to self-defense. If you were being treated unfairly and police misconduct occurred, you may be able to fight the associated charges you face.

If you are facing DUI charges in Tulare, Kings or Fresno counties, The Law Offices of Christopher Martens can help. Experienced in California criminal defense, attorney Christopher Martens can fight aggressively for you to ensure you are charged fairly and justly based on correct facts. Contact our offices at 559-967-7386 or email us at [email protected] to discuss your options for defending your case.

About the Author

Christopher Martens

Bio Visalia and Bakersfield criminal defense attorney who has dedicated his life to helping those who have been accused of crimes or injured due to the negligence of others.


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