Role of Self Defense when Resisting Arrest in Greenwich
Self-defense is when any time a person is presented with a threat of harm of any degree, such as any bodily harm, serious physical harm, or the potential threat of death, a person has the right to meet that viable threat of harm with the same degree of force.
If a person is being threatened with force that would reasonably result in just bodily harm, for example, somebody attempts to punch another individual, the person who is on the receiving end of the punch would have the right to meet that attack with the equal or less amount of force to defend themselves.
An experienced lawyer can help an individual defend themselves if they have been charged with a crime resulting from the use of self-defense during a resisting arrest in Greenwich.
Bringing Forward the Charge
The only way that self-defense would cause a person to be charged with resisting arrest in Greenwich is if the officer was attempting to assault the person and the person was attempting to defend themselves. Under those circumstances, the officer would have to be attempting to assault the person without any right to do so.
This can sometimes complicate the individual’s defense strategy. In many instances, an officer does have the right to use force if it is necessary to preserve the officer’s safety, whereas if a normal person in the public is using force against an individual, that individual would have the right to defend themselves with equal amount of force in return.
That is not the case with an officer unless the officer is acting outside of the scope of their duties.
Defending the Charge
The defense strategy to prove self-defense during a resisting arrest charge in Greenwich depends on the type of evidence needed. The attorney is going to want to start with the client’s version of what happened, and from there will be looking to explore any avenues of supporting and confirming the client’s version of events.
This evidence can be gathered in a few different ways. Many times, video surveillance that has been taken or that may have been in place in the area will be used. Also, there may be audio recordings that were available either on the police cruiser or on the person’s iPhone.
There may be injuries on the part of the individual which the attorney will want to be medically examined. This is to see whether the injuries are consistent with what the officer’s version of events are, or whether they are more consistent with what the client’s version of events are.
When proving self-defense during a resisting arrest in Greenwich, an attorney will interview any witnesses who might have seen the events unfold.
Benefit of Local Representation
An attorney that has experience in dealing with the officers in that local area and who has experience dealing with that courthouse may know some things that another attorney may not.
For example, a lawyer may know that a particular officer has been the subject of many excessive force complaints. If that is the case, that can lend support to what the client is saying in terms of the officer’s inappropriate behavior.
A knowledgeable lawyer will be able to use this knowledge to help properly defend an individual against their resisting arrest charge in Greenwich when they were simply using self-defense.