shoplifting and assault
Get Legal Help Today
Secured with SHA-256 Encryption
shoplifting and assault
I was caught shoplifting under questionable circumstances and was brutally assaulted by a few store employees (leaving me with a broken nose that bled for almost 6 hours and has caused a lot of ongoing suffering for me since) and was then handcuffed and searched by store employees before the police arrived. I believe they took all stolen items from me before the police could catalog it themselves and they may have falsified some of the items on the list in order to get me charged with a felony. I was arrested and charged with felony retail theft and falsely charged with aggravated assault.
Asked on April 29, 2009 under Criminal Law, Illinois
J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If you were caught shoplifting there is no way around facing that charge. However from what is sounds like the store employees used force to protect their belongings. You should consult with a local attorney with regard to the specific laws of your state however the law will probably be the same in all states...a person cannot impose bodily harm on another person to protect their property or belongings.
The employees who attacked you should probably be chagred with assault and you will need to hire an attorney to proceed with this. As far as having increased the items stolen they should not have taken them away from you rather they should have waited for the police to do that. The dollar amount seems questionable at best now and that can be used by you in your defense if charged with a felony. If charged with assault try to prepare and document as best you can any injuries sustained by the employees if any
Definitely get yourself an attorney and good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.