Assaulting a police officer, counterclaims.

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Question

Country: Canada
State: Ontario

MY FRIEND HAS BEEN CHARGED WITH ASSAULTING A POLICE OFFICER WITH A WEAPON, WHICH WAS A REGULAR BELT WHICH HE TOOK OFF HIS PANTS. HE WAS INVOLVED IN A FIGHT AND HAD A BIT TOO MUCH TO DRINK THAT NIGHT. WHEN THE COP CAME UP TO HIM HE WAS SHOUTING AND ACTING OUT OF ANGER AND THE POLICE OFFICER KNOCKED HIM OUT, AND HE WAS ONSCIOUS. HE HAD TO GO TO THE HOSPITAL AND STAY THERE OVER NIGHT. HOWEVER HE HAD NOT TOUCHED THE OFFICER AND THERE ARE WITNESSES TO PROVE THAT THERE WAS AGGRESSIVE FORCED USED AGAINST HIM BY A POLICE OFFICER THAT WERE UNNECESSARY. MY FRIEND HAS BEEN CHARGED FOR ASSAULT A POLICE OFFICER WITH THE USE OF A WEAPON. COULD YOU PLEASE LET ME KNOW WHAT HIS OPTIONS ARE, CAN HE COUNTER CHARGE THE OFFICER FOR USING TOO MUCH FORCE?

Answer

He can file a counter-complaint yes--Make sure you get counsel (or at least the public defender) to try to keep this off the record eventually--jail time is probably not likely if his record is clear now. But having that arrest and/or a conviction on the record will make job-hunting etc. more difficult. Often this could be negotiated down to some kind of court supervision etc. or less-