Battery Against an Officer
Los Angeles Battery Against an Officer Defense Lawyer
WHAT IS YOUR BEST DEFENSE IF YOU HAVE A BATTERY AGAINST A POLICE OFFICER CHARGE PENDING IN LOS ANGELES?
Many times when I handle these type of case, I am seeing law enforcement charge people with violent crimes in order to justify their own use of force against that particular person. Of course this is unfair and frankly against the law. I know it is happening all the time in Los Angeles, because I have represented many clients over the course of the past 25 years and I can see how the police are lying related to use of force cases and how they will do anything they can to justify their actions. This is also evident when I cross-examine police officers about their use of force cases and see how one sided there answers are and their police reports as well. To make matters worse, the prosecutors are typically backing them up, unless it is blatantly obvious they are lying. The only way to break through this fog of paperwork and protection is to hire a seasoned savvy criminal defense attorney who can challenge the powers that be and show the judge and even a jury they are not telling the truth.
Battery on a police officer and obstruction of justice are charged together all the time when the police use any type of force against a person they come in contact with. Because of the Los Angeles Police Department’s and the L.A. Sheriff’s policy regarding use of force, it has really put the officers in a difficult position. One that I believe forces them to slant their reports against criminal defendants they decide to arrest. They are in a “catch 22 situation” because if they do not write the report strong enough against the defendant, then their superiors or Internal Affairs Department can and will punish them for the unlawful use of force. This puts a lot of pressure on a criminal defense attorney to weed through the report and the officers tendency to exaggerate the facts of the report. This is why it is so important to hire an attorney that truly has been around the block when it comes to these type of offense. I find myself arguing all of the time with the prosecutors about this issue and pointing out the the police have clearly added additional harmful facts or omitted their own bad conduct in their report in order to protect themselves.
In deciding exactly how to handle a battery on a police officer case, it is essential that the defense attorney have the skill to show the prosecutor, judge and even a jury what really happened in the case. When there are facts that directly contradict your client’s version of what happened, this is where the best criminal defense attorneys in the business earn their money. I find myself relying on common sense arguments based on my experience and the experience of the judge an prosecutor. They are not going to be convinced unless the defense attorney can really probe an officer on the witness stand and point out the inconsistencies in their report and reality. Best thing to do is sit down face to face and flush out all of the facts and come up with a game plan that makes sense for your particular case.
WHAT IS BATTERY AGAINST AN OFFICER
Generally speaking, Battery Against an Officer occurs when a party causes injury to a law enforcement officer, while they were engaged in their duties, knowing or having sufficient reason to know that the officer was a member of law enforcement. As this is a very political, and sensitive matter to prosecutors, this charge is treated very seriously. However, there are always two sides to a story, and only when an attorney has all the facts, can they begin to craft a solid defense to this charge. Sometimes, law enforcement may be acting with unreasonable force, or otherwise caused another to defend themselves against law enforcement officers. Speaking with an attorney should be the first thing someone should do when they are charged with Battery Against an Officer.
LEARN HOW YOU CAN AVOID BEING CONVICTED FOR A BATTERY ON A POLICE OFFICER IN LOS ANGELES CASE
Because these type of charges are so politically charged and the prosecutors and judges are aligned with the police, the only way to avoid a conviction in a battery on a police officer case is to show by clear evidence that the police are lying and the only reason that they are charging you with this crime is because they do not want to get in trouble for using too much force during the interaction with you. There are all kinds of ways to show that the police are lying and manipulating, but as you have seen recently in the news, the best way to do it is to have a live independent witness or video evidence.
It is difficult to rely on the police video cameras (body and dash cams) because they are subject to manipulation. When I get some of these videos, I can see the police turn the body cam video off during the crucial time frame that we are looking for. Or, they will park their car in such a way that it does not capture the alleged battery on the police officer or the police’s own conduct towards the person or persons they are arresting. However, if some independent witness takes video of their activities, this is how they can really get what is coming to them. If they lie and it is caught on tape, they will be disciplined or lose their job and their credibility will be so destroyed that they ruin the case for the prosecutors.
If you have a battery on a police officer case and you are looking to figure out what your best strategy is, come and run the facts by me and I will honestly tell you what your chances are, based on 25 years of fighting these type of cases.