Akron, OH asked in Criminal Law, Civil Rights and Constitutional Law for Pennsylvania

Q: How do I beat a case when the officer was in the wrong

I got arrested because I was supposedly being belligerent but they did no say I was being charge with anything until they decided to be aggressive with me while I was being held down by seven officers while intoxicated and having a panic attack. They tased me 2x, I bit and officer in the process and they sedated me . I heard it is against the law to tase anyone under the influence and going through psychiatric problems which the officers knew before arresting me. I have real bad PTSD against male authorities which is why I was so upset.

2 Lawyer Answers
Mr. Ryan L Hyde
Mr. Ryan L Hyde
PREMIUM
Answered
  • Criminal Law Lawyer
  • Exton , PA
  • Licensed in Pennsylvania

A: The thing that I struggle with on questions like this is there are a lot of missing facts. Please dont share them here, but those facts are important to determining whether or not you have an actual defense or a potential wrongful use of force case. I am assuming you are charged with aggravated assault on a police officer in addition to other charges. How to "beat the case" is not as easy as just saying some magic words. You need an attorney, you need inpatient treatment for substance abuse and potentially mental health, and you need an attorney. I said it twice because you are facing serious charges and there are no magic words that will make the case go away.

For the record, it is not illegal to tase someone "under the influence and going through psychological problems." I am not sure where you heard that. There may have been an abuse of force but if it took 7 officers to get you to comply it sounds like tasing was the least aggressive option they could deploy.

Ellis B. Klein
Ellis B. Klein
PREMIUM
Answered
  • Criminal Law Lawyer
  • Yardley, PA
  • Licensed in Pennsylvania

A: With all due respect, it will be up to a judge or jury to determine if you are guilty or if the officer "was in the wrong." You need to speak with an experienced criminal defense attorney to fully discuss the facts of the case. my guess is that you may be charged with Felony Aggravated Assault and if so, you could possibly do substantial jail time if you are convicted. Start calling attorneys asap. Most lawyers ,including myself, give free consultations over the phone. Good luck

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