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Michigan police officers have significant responsibility and authority to keep communities safe. In the line of duty, they are often required to make split-second decisions under intense pressure. However, when those actions lead to accusations of excessive force, the legal and professional consequences can be severe. At Ben Hall Law in East Lansing, our criminal defense lawyers represent law enforcement officers facing these serious allegations and work to ensure their rights are fully protected.
Excessive force occurs when a law enforcement officer uses more physical force than is reasonably necessary to carry out their duties. Whether a use of force is “excessive” is typically judged by what a reasonable officer would do in the same situation, based on the totality of the circumstances.
Charges related to excessive force may include assault, battery, civil rights violations, or even criminal charges such as misconduct in office. These accusations can threaten an officer’s job, license, and reputation—even before the case is resolved.
Every case depends on specific facts, but some of the most common legal defenses available to police officers accused of excessive force in Michigan include:
Michigan law permits officers to use force when reasonably necessary to effect an arrest, overcome resistance, or defend themselves or others. If the officer’s use of force was proportionate to the threat or situation, this can be a strong defense.
In civil cases, qualified immunity may protect officers from liability if they did not violate a “clearly established” constitutional right. While this defense does not apply in criminal prosecutions, it is often critical in defending civil lawsuits from the same incident.
For criminal charges such as assault or misconduct in office, the prosecution must prove that the officer acted with unlawful intent or gross negligence. If the officer acted in good faith and according to training or department policy, that may undermine the prosecution’s case.
In some cases, the officer accused may not have used force or been falsely accused based on misinterpretation, incomplete video footage, or biased witnesses.
Officers often assume their department or union will protect them. However, your best protection in criminal investigations is having your legal counsel solely focused on your defense. Internal affairs investigators, prosecutors, and media scrutiny can move quickly, and early mistakes can be costly.
At Ben Hall Law, we bring unique insight to these cases. As a former police officer, attorney Ben Hall understands the realities of law enforcement work and the standards by which officers are judged. This firsthand experience is invaluable in building a strong, informed defense.
If you are a law enforcement officer under investigation or facing charges for alleged excessive force, don’t wait to get help. Your badge, freedom, and future may be on the line.
Call 877-BEN-HALL (517-798-5801) or contact us online today for a confidential consultation. We are committed to defending those who serve and ensuring your story is heard.