shoplifting and assault

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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

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 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.


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