What happens now?

What is the name of your state? Florida

This happened last week.
A couple of guys go in to a bar around 4:00P.M. All is fine until the bartender changes shift about 7:30P.M. The bartender from 4 to 7:30 had no problems with this person or the group he was with. The new bar keep decided that he wants to get rid of some of the people and tells one guy to leave. Before his friends finish their drinks and leave the cops come. The time on the arrest papers say 7:45. The first officer comes up to one guy and asked if "he had something with his name on it". When he does not immediately produce ID (about 5 seconds) the officer tries to grab his wallet out of the mans pocket. The guy steps back to avoid this and steps into the officer behind him, when he steps forward to get off the 2nd officers feet and the first officer maced him in the face and they then handcuffed him and took him to jail.
This is the story EVERY witness at the bar says happened
The officers report said he was disturbing the peace and the police asked him to leave and he "with closed fist struck the officer in the face" before he was maced.
He is being charged with battery on a law enforcement officer and disorderly conduct.
Also while in jail he was beaten twice and held strapped in a chair naked for about 4 to 6 hours, they lost his wallet and clothes. He is covered in cuts and bruises.
What are the guys options?
If the case is throwen out can he sue?
Can the charges stick if ALL the witnesses say the cop is lying?

P.S. How do you find out if this cop has been in trouble for excessive force before?

It doesn't matter if witnesses helped you out or not. Stepping back on officer's foot (even just by accident) constituted aggravated assault charge. Yeah, just patting officer's shouder is an aggravated assault. With civilian people, it is just simple assault, but with police is AGGRAVATED ASSAULT with FELONY THIRD DEGREE. In additionally, resisting officer is also a felony crime.

Regards, Combat

PS. The only difference if witness or not depends on how long your friend needs to be in prison (punching or stepping back makes a major difference).

Your friend's conduct would only be battery on a law enforcment officer if he intentionally touched the officer against his will. If the only touching was walking backward into the officer, then I do not think it would be battery. For battery, you need intent. In this case, he did not intend to touch the officer, but only walked into him by mistake.

But Im sure the officer will say he did more than just walk into him by accident. And the jury will hear both sides and then make a determination about what the real facts are. This is where the witnesses come in. If an entire bar comes and says in court that your friend did nothing, then perhaps the jury will accept your friend's version of events, and not the cops. Battery on a law enforcment officer is a very serious offense, and your friend is facing real jail time if convicted. Im almost positive its a third degree felony- meaning a maximum 5 year sentence.

Originally posted by RSR26
Your friend's conduct would only be battery on a law enforcment officer if he intentionally touched the officer against his will. If the only touching was walking backward into the officer, then I do not think it would be battery. For battery, you need intent. In this case, he did not intend to touch the officer, but only walked into him by mistake.

But I'm sure the officer will say he did more than just walk into him by accident.

This is exactly correct. If things REALLY were as you said, there's a good chance the cops have cooled off and do not want to testify to a pack of lies. I've had a number of very similar cases Dismissed for Want of Prosecution and have always assumed the cops weren't coming to court because they really didn't want to press their luck at trial.

Get the names, dates of birth, phone numbers and addresses of all of the witnesses. Keep a copy and give the other copy to your pal's lawyer. I always dream of someone doing that for me instead of my having to nag my investigator to bust his hump to locate booze hounds...

(Just kidding - I am sure you and your buddies aren't booze hounds - it's just my clients' usual pack.)

Good luck

Just a few tid bits
1. everyone in the bar are still saying the guy did not hit the cop nor did it look like he knew there was a cop behind him.
2. several witnesses are saying the one cop was shaking his mace as he walked in (before he even talked to anyone).
3. this cop does have a history of giving out alot of these charges as well as at least one recent incident that made the local paper in which the offcer and his partner were disciplined.
4. the police are also saying the man was asked to leave and refused and then punched the cop and was maced and draged out but my freind has the receipt for his tap as he paid by credit card.

What are the chances this will be dissmissed?
How long does it take?
If it is dismissed does my friend have any recourse against the officer?

Your friend may want to talk to an attorney who has had experience with police brutality cases.