Raleigh Officer Misconduct Defense Lawyer

Officer Misconduct Defense Attorney in Raleigh, NC

Accusations of misconduct or criminal activity can permanently tarnish your reputation and leave you feeling overwhelmed. You need an experienced Raleigh officer misconduct defense lawyer to ensure your rights are upheld. Don’t face accusations alone. A skilled defense attorney can review your case and determine an appropriate defensive strategy.

Hire an Officer Misconduct Defense Lawyer

Police officers face life-or-death decisions every day. Making a split-second decision that allows you to return home to your family every night can cause stress and anxiety. At the W. James Payne Law Firm, we understand the tremendous sacrifices law enforcement officers make to keep our cities safe. As a North Carolina native, Attorney Payne has dedicated his career to helping North Carolina residents facing legal struggles.

Police Misconduct Nationwide

Police misconduct is a serious offense that erodes the trust between law enforcement agencies and the public. The FBI’s Uniform Crime Reporting program tracks officer use-of-force incidents throughout the country. In 2024, there were a total of 19,277 federal, state, local, and tribal law enforcement agencies across the United States. Of those, 12,152 agencies submitted data on use-of-force incidents, representing 80% of all sworn officers. Of those agencies:

• 1,785 use-of-force incidents reported
• 60% of reports involved serious bodily injury
• 29% of reports involved death
• 11% of reports involved the discharge of a firearm by law enforcement
• 53% of incidents were initiated by a response to an unlawful or suspicious activity
• 14% of incidents were initiated by a traffic stop
• 8% of incidents were initiated by serving a warrant

The Uniform Crime Reporting program also tracks the most common types of force used and the types of resistance officers encounter. The most common types of force used include:

• Firearms
• Hands/feet/fists
• Canine
• Electronic control weapon
• Impact projectile

The most common types of resistance encountered by officers include:

• Failure to comply with verbal commands and other types of passive resistance
• Attempted escape or flee
• Displaying a weapon to an officer
• Using a firearm against an officer
• Resisting handcuffs or arrest

Police misconduct cases in Raleigh are handled in different ways depending on the type of case. When an officer is being investigated, it is handled by the Raleigh Police Department’s Internal Affairs Unit. Criminal cases are prosecuted by the Wake County District Attorney’s Office and investigated by the North Carolina State Bureau of Investigation. Civil cases can be heard in either state or federal court.

Common Police Misconduct Allegations

Police officers are in a unique position of power. Law enforcement agents are tasked with keeping the general population safe, but the intentions of others are rarely clear. Police officers must ensure their safety and the safety of other officers and civilians when they are confronted by a potentially hostile situation.

When officers work within the confines of laws, statutes, and standard procedures, they can limit their liability against officer misconduct defense cases. The federal criminal statute 18 U.S.C. § 242 designed to balance the need for officer immunity with the rights afforded to all citizens, and it often intersects with questions about criminal intent under North Carolina law. Within these limits, there are common types of misconduct allegations, such as:

• Physical assault. Misconduct allegations can arise when an officer uses more force than is considered reasonably necessary to arrest or detain a suspect. The standard of reasonableness is subjective and based on how other officers would react in the same situation. Allegations from jail or prison inmates arise when an officer uses physical force as a means of punishment or retaliation without the need to protect themselves or other officers.
• Sexual misconduct. Officers are not permitted to engage in sexual acts with any person who is in custody or otherwise detained. Using the authority granted to police officers to coerce someone into a sexual act violates their liberties.
• Deliberate indifference. Allegations of deliberate indifference can occur when an inmate or any person in custody is at risk of a serious medical episode or of being harmed by another person, the officer knew the risk but failed to act to prevent the harm.
• Failure to intervene. Officers are sworn to uphold the law. If an officer allows another officer to violate someone’s rights, they have failed to intervene to stop the violation.

FAQs

What Kind of Lawyer Handles Police Misconduct Defense Cases in Raleigh?

A Raleigh criminal defense lawyer handles police misconduct defense cases. When a law enforcement officer is accused of violating the law or using excessive force, they can benefit from the experience and skill of a criminal defense lawyer. An experienced criminal defense lawyer has a thorough understanding of criminal law and can ensure that legal procedures are being properly followed, especially in cases where felony–misdemeanor classifications and exposure are at issue, as discussed in resources like the difference between a felony and misdemeanor in North Carolina.

Does Qualified Immunity Shield Police Officers from Citizen Claims?

In North Carolina, qualified immunity does not offer the same protections other government officials receive through blanket immunity or immunity with impunity. Citizens cannot file claims against police officers who are doing their jobs in good faith. Citizens can only file claims against police officers who use their position of authority to go against the established statutory or constitutional rights of citizens.

Can Police Officers Have Claims Filed Against Them by Citizens?

Citizens can file claims against police officers if they feel a crime has been committed against them by the officer or if their civil liberties have been violated. Citizens can file a 1983 Civil Rights Claim against any government official. The only requirements to file a 1983 Claim are that your civil rights were violated and the person who violated them did so while acting under the power of the government.

What Types of Cases Can an Officer Misconduct Defense Attorney in Raleigh Help With?

A knowledgeable officer misconduct defense attorney can help with any legal matters faced by a police officer. Common cases handled by officer misconduct defense attorneys include accusations of excessive force, misuse of a firearm, making a false arrest, tampering with a witness, or racial profiling. A skilled officer misconduct defense attorney can ensure accusations made in bad faith are properly defended against.

Contact Raleigh Officer Misconduct Defense Lawyer

With over 40 years of experience, when you hire an officer misconduct defense lawyer from the W. James Payne Law Firm, you get a strong advocate for your legal rights and professional interests. Contact the W. James Payne Law Firm now to schedule your initial consultation.