If accused of excessive force, you could be civilly and criminally liable.

• A. True
• B. False
• C. Only civil liability
• D. Only criminal liability

Answer: (A)

Excessive force can trigger both civil and criminal liability. Civil liability arises when a person is harmed and the use of force is unlawful or beyond what is allowed, opening the door to a private lawsuit for damages such as medical costs, lost wages, and pain and suffering. Criminal liability happens when the force used crosses into a crime, like assault or battery, and the state prosecutes the officer or individual, with penalties that can include fines or jail time. These are separate processes with different standards of proof—civil cases rely on a preponderance of the evidence, while criminal cases require proof beyond a reasonable doubt. It’s possible for someone to face one, the other, or both for the same incident, which is why excessive force can lead to both civil and criminal consequences.