Arkansas – February 5, 2021

Citizens are allowed to use force to defend themselves against acts of police brutality when an arrest is illegal and an officer is acting outside the scope of law, covered under his oath and badge, misusing his authority to harm others.  In theory, this sounds black and white, but in reality, it becomes a grey area as the police may have stronger weapons and backup that could harm, or kill an individual who is trying to defend themself.  It is best to speak to a police brutality lawyer regarding concerns for self-defense in policy brutality actions that resulted in illegal arrests.

Community fear.

Incidents of police brutality are at national crisis levels, and these crisis levels directly align with rapidly growing tension on both the side of the police, who take an oath to serve and protect, and those persons who have been damaged by overreaching brutality. Citizens should not have to live in fear of police presence, and should be allowed to defend themselves, their businesses and loved ones from illegal acts of policy brutality and crooked policing in Arkansas.  If citizens believe they have been victimized by actions of policy brutality, they should consult with legal counsel to see if they have a case for damages to address any harmful losses.

Imminent threat.

People are allowed to use self-defense to prevent suffering force, or violence from another person in most situations.  In order to use self-defense, threat must be imminent, even if it is verbal as long as it puts an individual in fear of immediate physical harm, but offensive language without possible threat of physical harm does not justify self-defense actions which are only justified until the impending threat has diminished.  A fear of harm is measured by actions that a reasonable person in he same situation would perceive an immediate threat of physical harm.  Police actions can be harmful and present valid fears among those that are being illegally targeted through bias-based profiling, or other acts of police misconduct and brutality in Arkansas.  Self-defense laws require the response of a defense to match the level of the threat in each unique situation. If the threat involves deadly force, the person defending themselves can use deadly force to counteract the threat. But, if the threat involves minor force a person defending themselves will not be able to use “self-defense” to support a legal claim if they caused grievous bodily harm or death.  When actions of police brutality have caused physical, or emotional harm, or loss of life, a police brutality can guide a victim’s actions.

Retreat.

People should always first attempt to avoid violence, or the threat of violence before answering it with force and retreat instead especially when they are outmanned, or outgunned. This action is known as the duty to retreat.  Many states do not require a person to retreat in instances that do not involve lethal force.  Policy brutality attorneys can help with self-defense claims against unethical officers.

Hire a lawyer.

When Arkansas citizens have been physically, or emotionally injured, or lost a loved one due to negative police encounters, they should seek the services of legal counsel, who can build a case for damages.  If an individual has been arrested for protesting police brutality actions, or peacefully demonstrating their concerns about the growing community distrust and fear, a criminal defense attorney may need to be hired to address legitimate, or inflated charges for actions against police brutality in Arkansas.

 

Sources.

https://www.arkansasonline.com/news/2021/feb/03/stand-your-ground-fails-panel-vote/

https://casetext.com/statute/arkansas-code-of-1987/title-5-criminal-offenses/subtitle-1-general-provisions/chapter-2-principles-of-criminal-liability/subchapter-6-justification/section-5-2-607-use-of-deadly-physical-force-in-defense-of-a-person