Can You Sue Police for Excessive Force If You Pleaded Guilty or Were Previously Convicted? An Award-Winning Criminal Defense Lawyer Explains

Posted on: July 27th, 2026 by Dod Ghassemkhani, ESQ

Can You Sue Police for Excessive Force After Pleading Guilty?

Many people believe that once they plead guilty to a crime or are found guilty at trial they automatically lose the right to hold law enforcement accountable for misconduct. That simply is not true.  Can you sue police after pleading guilty in California?  Learn more.

By Dod Ghassemkhani, An Award-Winning Criminal Defense Attorney

In California, it is entirely possible for someone to have committed a crime and still be the victim of excessive force, police brutality, or other constitutional violations.

Whether you have a misdemeanor conviction, accepted a plea bargain, or were convicted of a felony, you may still have legal rights if officers used unreasonable or excessive force during your arrest.

The Answer May Surprise You: A Criminal Conviction Does Not Always Eliminate Your Civil Rights

At Dod Law, our criminal defense attorneys understand that criminal cases and civil rights cases often overlap. Our first priority is protecting your freedom, but we also fight to ensure law enforcement is held accountable whenever constitutional rights are violated.

If police crossed the line during your arrest, your conviction may not be the end of the story.

Can You Sue the Police After Pleading Guilty?

Yes, in many situations, you can.

A guilty plea or criminal conviction does not automatically prevent someone from filing a lawsuit against police officers or the government.

The key legal question is what your civil lawsuit is actually claiming.

Many successful police misconduct lawsuits are not based on whether the arrest itself was lawful. Instead, they focus on how officers treated someone during or after the arrest.

Examples may include:

• Excessive force
• Police brutality
• Unnecessary use of Tasers
• K-9 attacks after surrender
• Baton strikes against restrained individuals
• Punching or kicking someone after handcuffing
• Neck restraints or chokeholds
• Failure to provide medical care
• Other violations of constitutional rights

Even when someone committed an offense, officers are still required to follow the Constitution.

Police Must Use Reasonable Force

Law enforcement officers have authority to arrest individuals suspected of crimes.

They do not have unlimited authority to use violence.

The Fourth Amendment protects individuals against unreasonable seizures, including excessive force by police officers.

Courts evaluate police conduct based on whether the force used was objectively reasonable under the circumstances—not whether the suspect was ultimately convicted.

This distinction is extremely important.

Someone may:

• Be guilty of DUI
• Resist an officer’s initial commands
• Commit a theft
• Possess illegal drugs

…and still become the victim of unlawful force once the situation is under control.

The law does not give officers permission to punish someone simply because they committed a crime.

Why the Details Matter

Police encounters often unfold in stages.

A person may initially struggle during an arrest but later become fully compliant.

Those changing circumstances are legally significant.

For example:

Imagine someone pulls away from officers during an arrest and later pleads guilty to resisting arrest.

Once officers place that person in handcuffs, however, they stop resisting.

If officers then repeatedly punch, kick, or slam that restrained individual into the pavement without justification, those later actions may constitute excessive force.

In that scenario, the excessive force claim focuses on what happened after the resistance ended, not whether the person resisted initially.

That distinction frequently determines whether a civil rights claim can move forward.

Understanding the Heck v. Humphrey Rule

One of the most important legal issues in these cases comes from a United States Supreme Court decision called Heck v. Humphrey.

Although the rule can be complicated, its basic purpose is straightforward.

A person generally cannot pursue a civil lawsuit if winning that lawsuit would necessarily prove that their criminal conviction was invalid.

In other words, courts will not allow someone to use a civil rights lawsuit to indirectly overturn an existing criminal conviction.

Instead, that conviction usually must first be reversed, vacated, or otherwise legally invalidated.

This legal doctrine often appears in cases involving:

• Resisting arrest
• Assault on a peace officer
• Obstruction
• Certain DUI offenses
• Drug-related convictions
• Other crimes involving police encounters

Because the analysis is highly fact-specific, experienced legal counsel is essential.

When a Civil Rights Claim May Still Be Allowed

Not every lawsuit conflicts with a criminal conviction.

Many excessive force cases survive because they challenge the amount of force used, not whether the arrest itself was justified.

For example:

A person may admit they possessed illegal drugs.

That admission does not necessarily excuse officers from:

• Breaking bones unnecessarily
• Continuing to strike someone after surrender
• Using force after a suspect is restrained
• Denying emergency medical treatment
• Deploying a Taser without legal justification

The Constitution protects everyone—even those accused or convicted of crimes.

Courts recognize that police officers can lawfully arrest someone while simultaneously violating that person’s constitutional rights.

Claims That Can Be More Difficult

Some civil claims become significantly more challenging after a guilty plea or conviction.

Examples include allegations that:

• The arrest never should have happened
• Officers had no probable cause whatsoever
• Evidence was completely fabricated
• The prosecution itself was entirely unlawful

If success in those claims would directly undermine the criminal conviction, courts may apply the Heck doctrine.

That does not automatically mean the claim is impossible.

Instead, additional legal proceedings may be necessary before pursuing the civil lawsuit.

Every case should be evaluated individually.

Why Criminal Defense Matters First

One of the biggest mistakes people make is focusing only on a future civil lawsuit while ignoring the criminal charges.

The outcome of the criminal case often has a significant impact on future legal options.

Statements made during:

• Police interviews
• Plea negotiations
• Court hearings
• Sentencing

can later affect potential civil litigation.

That is why it is critical to have experienced criminal defense counsel protecting your rights from the very beginning.

At Dod Law, we carefully evaluate every aspect of a client’s case—not only to defend against criminal charges, but also to preserve constitutional issues whenever possible.

A strong criminal defense today may protect important legal rights tomorrow.

How Dod Law Fights for Your Rights

At Dod Law, we believe constitutional rights belong to everyone—not just those who are ultimately found innocent.

Every individual deserves:

• Fair treatment
• Due process
• Freedom from excessive force
• Professional law enforcement conduct
• Respect for constitutional protections

Our attorneys aggressively investigate allegations of police misconduct by reviewing:

• Body-worn camera footage
• Dash camera recordings
• Surveillance video
• Medical records
• Witness statements
• Dispatch communications
• Police reports
• Use-of-force documentation

We also work closely with qualified experts when necessary to expose unlawful police conduct and protect our clients’ rights throughout the criminal justice process.

Every Police Misconduct Case Is Different | Can You Sue Police After Pleading Guilty in California 

There is no universal answer to whether someone who pleaded guilty or was convicted can sue police.

The outcome depends on numerous factors, including:

• The criminal charges
• The exact plea entered
• What occurred during the arrest
• The timing of the alleged force
• Medical evidence
• Video evidence
• Whether the civil claim conflicts with the criminal conviction

Because these cases involve both criminal law and constitutional law, early legal guidance is essential.

Act Now!  Contact Dod Law Today

If you were injured during an arrest, do not assume that pleading guilty or accepting a plea agreement means you have no rights.

Many individuals are surprised to learn that excessive force claims may still exist even after a criminal conviction.

Can You Sue Police After Pleading Guilty in California

At Dod Law, our experienced criminal defense attorneys are committed to protecting your constitutional rights, challenging unlawful police conduct, and providing strategic representation at every stage of the criminal justice process.

If you believe law enforcement used excessive force during your arrest or violated your constitutional rights, contact Dod Law today for a confidential consultation. We will carefully evaluate your case, explain your legal options, and fight to protect both your freedom and your rights.  Serving San Diego and Southern California.

Frequently Asked Questions | Can You Sue Police After Pleading Guilty in California 

Disclaimer: The information provided in this blog is intended for general informational and educational purposes only and should not be construed as legal advice. Reading this article does not create an attorney-client relationship with Dod Law or Dod Ghassemkhani, Esq. Every criminal case is unique, and the laws, legal principles, and procedures discussed may not apply to your specific circumstances.

You should not act upon or rely on any information contained in this article without first consulting a qualified criminal defense attorney regarding your particular situation. If you have been arrested, are under investigation, or are facing criminal charges in San Diego County and Southern California, contact Dod Law to schedule a confidential consultation with Dod Ghassemkhani, Esq., and receive legal guidance tailored to your case.