Understanding Excessive Force in Police Shootings

Why This Issue Feels So Personal

If you’re here, you’re likely trying to make sense of something that never should’ve happened. After a police shooting, it’s normal to feel shocked, angry, and unsure what to do next. You want straight answers fast. Was the force legal, or was it way over the line? The law’s idea of “reasonable force” and what feels fair to you don’t always match. That gap creates confusion at the worst possible time. Many turn to wrongful shooting attorneys in New York to understand their rights and next steps.

At Horn Wright, LLP, attorneys stand with people harmed by police violence. The firm understands the fear, grief, and anger you may feel after a shooting. While New York law has specific rules about when deadly force is justified, states like Maine, New Hampshire, and Vermont weigh “reasonableness” a bit differently, which can change how a claim gets argued. If you or someone you love has suffered because of excessive police force, the firm can fight for justice while you focus on healing.

When “Necessary” Turns Deadly

You expect officers to use only the force that’s truly needed. In fast-moving encounters, though, that line can blur. Force may start as “necessary” to secure a scene, then tip into something else entirely. In crowded spaces or tense moments, split-second choices can escalate.

That’s where harm happens. A shot fired to “control” a situation can become unjustifiable violence. For you and your family, the fallout isn’t abstract. It’s trust shattered and a life forever changed. Situations involving police violence often spiral from control to abuse, which is why documenting everything from the very first day matters.

The Harsh Divide: What’s “Reasonable” and What’s Excessive

In court, you’ll hear “objective reasonableness.” Translation: force gets judged by what a reasonable officer would do in the same situation, not by what the officer later says they felt.

Reasonable force gets weighed against:

• The seriousness of the suspected crime
• Whether there was an immediate threat
• Whether the person resisted or tried to flee

New York’s rules track this standard and tie directly to Penal Law §35.30, which spells out when officers can use physical and deadly force. A shooting is always a life‑or‑death choice; if safer options existed, it’s often deemed excessive. Escalation, proportionality, and available alternatives can make or break your claim.

The Weapon Excuse: Why “He Had Something in His Hand” Isn’t Enough

“Thought it was a gun” isn’t the end of the story. Context matters. Did the item look like a weapon? Was it pointed? Were bystanders actually at risk? Could officers slow things down or use a different tactic first?

Courts ask those questions because objects get misread like wallets, phones, even toys. The presence of “something” doesn’t cancel an officer’s duty to assess before firing. These moments can also morph into unlawful detention. If you were held without cause after a chaotic scene, your experience may overlap with false imprisonment claims.

Real Lives, Real Losses: When Force Crosses the Line

This isn’t theory. It’s your life, your loved one, your community.

Unarmed in the Crosshairs

Unarmed people get shot after a misunderstood movement, a fearful assumption, or even racial bias shaping an officer’s split‑second judgment. This bias can influence how officers interpret body language, speech, or even clothing, making ordinary actions look threatening when they’re not. Keys become “weapons.” Silence becomes “defiance.” Everyday behaviors are reframed through a lens of fear and prejudice, leaving families to pick up the pieces of preventable tragedies.

Pulled Triggers After Surrender

Once someone is on the ground, handcuffed, or otherwise under control, lethal force has no place. Shots fired after surrender are some of the clearest examples of excessive force. Public outcry in cases like Daniel Prude shows how communities respond when the line gets crossed.

More Bullets Than Justice

When multiple rounds fly where one would’ve stopped a threat, proportionality breaks. That surge of gunfire often signals panic, not policing. Courts have recognized this imbalance in several verdicts and settlements, showing that excessive firepower can lead directly to findings of liability and significant legal results for victims and their families.

Red Flags That Shout “Excessive”

If you’re sorting out what happened, look for these warning signs. Each one points to force that likely crossed the line.

Silence Instead of De‑escalation

You should see efforts to talk, slow things down, or create distance, especially when mental health is in play. Skipping those steps is a form of government abuse, where power gets used in ways that harm rather than protect.

Skipping Non‑Lethal Options

Modern policing offers tasers, beanbag rounds, and spray. If an officer reached for a firearm first, that choice matters because it can reveal a pattern of police misconduct. Courts and juries often consider whether safer, non-lethal tools were available, and ignoring those options can strengthen claims of excessive force.

Deadly Overreaction to Small Offenses

Shoplifting. A traffic stop. Minor conduct shouldn’t end in gunfire. New York requires agencies to adopt statewide use‑of‑force policies under Executive Law §840 to guide safer practices. When officers disregard those policies, patterns emerge. Add in an illegal search and seizure, and a minor encounter can snowball into a serious civil‑rights case.

Objective Reasonableness: The Courtroom Test

If you file suit, expect this standard to shape nearly everything.

How Judges Weigh Life and Death

Judges look at the total picture: the suspected crime, any immediate threat, the speed of events. They also track what options existed and what a reasonable officer would’ve done instead, all of which becomes central in civil litigation where victims push for accountability and damages.

Setting Precedents That Protect Tomorrow’s Victims

Every case has ripple effects. From January–July 2025, GIVE‑program cities recorded 303 shooting incidents with injury (down 14% from 2024) and 356 people shot (down 22%). Meanwhile, New York City reported a 23% drop in shootings and 35% fewer murders early in 2025 (New York Post). Progress is real, but so is the need for scrutiny.

If you lost a loved one, it’s important to know who can file a claim, what evidence carries weight, and how damages are determined.

Finding Strength After a Police Shooting in New York

Families coping with the aftermath of a police shooting often face confusion, grief, and unanswered questions. Moving forward requires both healing and clear legal guidance. Experienced attorneys can investigate the facts, challenge official accounts, and work to hold law enforcement accountable when excessive force is involved.

Strong advocacy makes it possible to rebuild trust, seek justice, and protect future victims from the same harm. To discuss your situation with a team that understands these cases, contact Horn Wright, LLP, today and connect with wrongful shooting attorneys who are ready to stand by your side.