Understanding what constitutes police abuse is critical in safeguarding civil rights and holding law enforcement accountable. Long Island criminal defense attorney Jason Bassett (https://jbassettlaw.com/what-is-considered-police-abuse-under-new-york-law/) provides a detailed explanation of the types of police misconduct recognized under New York law. His insights highlight legal remedies available to those who have experienced violations by officers. The article, published by the Law Offices of Jason Bassett, P.C., offers clarity for individuals seeking to understand their rights after experiencing mistreatment.
Long Island criminal defense attorney Jason Bassett emphasizes that one of the most commonly cited forms of police abuse is excessive force. This occurs when an officer uses more physical force than is reasonably necessary based on the situation. As the article notes, "A reasonable amount of force may be used to maintain physical control over someone that the police are taking into custody, however, it can’t become just a way of punishing someone by physically injuring them." Jason Bassett explains that such abuse can range from physical strikes to more severe actions involving batons, Tasers, or firearms, sometimes resulting in serious injury or death.
In the article, Long Island criminal defense attorney Jason Bassett further outlines other recognized forms of police abuse under New York law. These include false arrest, malicious prosecution, and coercive interrogation practices. False arrest is defined as an arrest made without probable cause—when police lacked sufficient evidence to reasonably believe a crime was committed. Bassett describes how proving such a claim requires analyzing whether the arresting officer had a justifiable basis for the action at the time it occurred.
Excessive force, the most recognized form of police abuse, can take many forms and is often misunderstood by the public. Bassett explains that even in the absence of physical injury, a person may have grounds to file a claim. Unlawful detention or emotional distress may also qualify as violations. According to the article, courts take into account the severity of the misconduct, not just physical harm, when deciding on abuse claims.
Long Island criminal defense attorney Jason Bassett also addresses the legal pathways for those who wish to take action against police misconduct. Filing a lawsuit against a police department like the NYPD involves several steps, beginning with a Notice of Claim that must be submitted within 90 days of the incident. This initial filing allows the department time to preserve key evidence, such as body camera footage. The process continues with formal pleadings, discovery of evidence, and possibly a trial if no settlement is reached.
During the discovery phase of such cases, the victim has the legal right to request documents, video footage, and other materials from the police department. Attorneys may also depose officers and interview witnesses. Jason Bassett stresses the importance of a thorough investigation to build a solid case. He points out that other sources like cell phone videos, medical records, and independent security footage may play a vital role in substantiating claims of abuse.
When an officer uses force, several factors are weighed to determine if it is excessive. The article outlines that these include the severity of the suspected offense, whether the individual was resisting arrest or attempting to flee, and if there was a threat posed to officers or others. Jason Bassett emphasizes the importance of case-by-case evaluations in determining whether the officer acted within legal limits.
A significant portion of the article also focuses on practical steps victims should take after experiencing police abuse. Jason Bassett recommends immediate documentation of the incident, obtaining medical attention, and preserving any physical evidence. Filing complaints with Internal Affairs or state investigative bodies is also essential. Importantly, he advises avoiding public discussion of the incident before consulting with legal counsel, as it may affect the outcome of any future proceedings.
For those on Long Island and throughout New York State, understanding civil rights and the standards for lawful police conduct is essential. Jason Bassett, through his role at the Law Offices of Jason Bassett, P.C., provides individuals with a clearer understanding of what police abuse entails and what actions can be taken when it occurs.
Legal action can be a powerful tool for justice and accountability when facing police misconduct. Jason Bassett’s insights offer essential information for those seeking to take that step. Victims of abuse are encouraged to pursue legal advice and begin the process of gathering evidence and filing appropriate claims within the required timeframes.
About Law Offices of Jason Bassett, P.C.
The Law Offices of Jason Bassett, P.C. is a Long Island-based legal practice focused on protecting the rights of individuals facing criminal charges or civil rights violations. Jason Bassett brings years of courtroom experience to his work, aiming to secure fair treatment for those impacted by law enforcement misconduct. The firm provides legal support to those seeking justice and accountability within the legal system.
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