I will give the answer under the law, and the answer under the real world. First, I will rephrase our question. You say if you have little or no reason to be assaulted. If the officer has a legal reason, little or large, to use force, it changes the answer. No an officer can only use that degree of force which is necessary under the circumstances. For example, an arrest necessitates some force, if only what is required to but on handcuffs and take you to jail. If one resists arrest, the officer can use reasonable force to subdue the arrestee. However, once the arrestee is under control, and officer cannot further assault the arrestee. If an officer assaults someone beyond the reasonable degree of force that is needed to subdue an arrestee, or for the officer to defend himself if he is attacked, then, yes, you can fight back, and a third party can step in t prevent the assault. In the real world, if your defense to a crime comes down to your word against an officer's word, and you have to convince the court that the officer is lying, then you lose. Thus, if an officer uses excessive force, and you fight back, or even if you do not fight back but the officer lies and says you resisted arrest and he was just defending himself, and you have no witnesses but yourself, you will likely lose in court, even though the officer would actually be guilty of assault and battery. If you use a weapon to defend yourself, then that could increase our chances of going to prison. No one would ever have heard of Rodney King if the assault in that case had not been caught on video. It is illegal for police to use excessive force. However, they do on occasion violate this law and it is difficult to do anything about it.
Answered on Jul 03rd, 2013 at 9:05 AM