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Excessive Force

In New Jersey, the Federal and State laws protect a person’s Constitutional right against the use of excessive force by law enforcement officers.

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Your Constitutional Rights

What Counts as Excessive Force

In New Jersey, the Federal and State laws protect a person’s Constitutional right against the use of excessive force by law enforcement officers. The term “excessive force” is best defined as the use of force which is greater than that which would which a reasonable and properly trained officer would use under similar circumstances.

Generally, our law requires that officers use the minimum amount of force required to achieve their objective or ensure their safety.

Call 201-420-1913 to request a confidential consultation.

When Your Rights Are Violated

The Continuum of Force

Most agencies train their officers to always attempt to use no force before making a leap up the continuum:

Verbal and Physical Restraint

The basic level of the continuum — verbal commands and hands-on restraint, used before any weapon is drawn.

Less Lethal Force

Blunt impact (baton) and chemical spray (pepper spray).

Lethal Force

Discharging a firearm — the top of the continuum, and the last resort.

Generally, our law requires that officers use the minimum amount of force required to achieve their objective or ensure their safety.

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Assessing What Happened

When Training Gives Way in the Moment

Unfortunately, some officers forget their training in the heat of the moment and do not act in accord with their training. The result is often the use of excessive force. At the Law Offices of Joel Silberman, LLC we strive ourselves on being able to assess how the police reacted under the circumstances and determine if indeed they acted with excessive force.

A person who is the victim of excessive force is entitled to monetary damages to compensate them for the injuries they have suffered.

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In Their Words

What Clients Say

“I cannot recommend Joel Silberman, Criminal Defense Lawyer, highly enough! As someone dealing with extreme anxiety and facing the court system for the first time, I was incredibly overwhelmed. From our first meeting, Joel’s empathetic and understanding nature made me feel like I was talking to a friend rather than just a lawyer. He managed to bring my anxiety down to zero and, most importantly, he got my misdemeanor case dismissed with a clean record. If you want a lawyer who truly cares and delivers results, there is simply no one else like him. I will forever only trust him and will recommend him to my family and friends! You can tell he breathes, eats, and sleeps thinking about law! He is extremely passionate about defending others.” – Solangy Perez

“Joel constantly comes through. He has helped me and I have sent my family and friends to him. He does whatever he can to try and win and makes you feel safe and comfortable. He is like having a guard dog by your side going into battle!.” – Jason

“In my opinion, Joel is an exceptional attorney. I have no hesitation in recommending your professional legal services and I commend you on how friendly, accessible and efficient you are.” – Rogers

“I had a wonderful experience with Joel. He was the best attorney and friend I could have ever come into contact with. Joel saved my life and my family from total and utter destruction. Thank you so much for the time and effort you put into my son’s case.” – Stephen

“Joel is an outstanding defense lawyer! Very proactive, reliable, quick and he defends his client vigorously. Not only had he saved me, but also my time and money from the endless court fees, fines and other expenses as well.”- Christopher

Disclaimer: “Results may vary depending on your particular facts and legal circumstances.”

Speak With Joel Silberman

Call Us to Get the Justice You Deserve

If you or a loved one has been physical hurt by a law enforcement officer, the Law Offices of Joel Silberman, LLC can help you to pursue the justice you deserve. Call us at 201-420-1913 or email us at joel@joelsilbermanlaw.com.