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  1. #1

    Default Caught Shoplifting, Unreasonable Force

    My question involves criminal law for the state of: California

    Ok so here we go, I made a dumb choice and decided to grab some beer on the way out since it was stacked next to the exit at a supermarket, I walked to the corner and a friend picked me up as he drove by in his car, we went back to pick up a friend that was buying things, I was sitting in the backseat not paying attention, the door opened and next thing I know there's a hand on my throat, he dragged me out of the car hitting my head more than once on the interior trying to do so, I had no idea what was going on yet he had not identified himself as security he wouldn't let go of my throat and I started to lose concinous, he wouldnt let go of my neck and I wasn't attacking him in any way, next thing I know I'm face down on the assfault with his foot on me I'm a tall nd skinney guy and this is a big samoan with his partner, also a big samoan. By this time there are bystanders saying they can't do that and are walking up from the parking lot he takes his foot off me and I start to get up I'm kind of lost from getting chocked out, he grabs me and tries to pull me down again and bites me extrmely hard on my back, and I fall to the floor again this time he kneels on me he's easily twice if not three times my size and one of my friends pushes him off, disracted by the growing crowd of bystanders yelling I get up and run away ... I got scraped up pretty bad and like a red mark from his hand on my neck, my head huts from of getting banged around in the car and the ground I have an extrmely bad bite mark on my back, and scrapes and cuts on my head, elbows, and a busted lip, unfortunatly we didn't get any witness names or anything except for 4 people I know that were there... We took pictures of all my injuries after and I've been having a lot of headaches I'm assuming a confusion since I rarley ever get headaches, and a sore throat that makes it hard to swallow or talk, and pain in my neck, I haven't gone to the hospital because I cannot afford it. I was wondering if I would be able to take it to court possibly, but if I take it to court would they charge me with shopplifting ? I currently have a clean record oh and also when I was on the ground the security wich had no uniform, plaincloths repeatedly said " I'm strapped I got a gun in my jeans ill shoot you , ill shoot you" to me and my friends watching. Any help would be appreciated

  2. #2
    Join Date
    Dec 2010
    Location
    Toledo Ohio
    Posts
    166

    Default Re: California Kind of Caught Shoplifting, Unreasonable Force

    I'd say be thankful you got away and don't steal any more beer. I take it you look a little ruffled ha ?

    Maybe they will have you arrested at a later date as they have the license plate of the car. And by that time, the ruffles will have been smoothed out.
    Alcohol withdrawal can cause a headache.

    No seriously though, realize what you did was dumb and take it as a lesson learned. Steal my %$#*ing cold beer on a hot summer night, you'd get worse.

  3. #3
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: California Kind of Caught Shoplifting, Unreasonable Force

    You weren't kind of caught, you were caught. So now you're thinking of drawing them up on charges because they caught you shoplifting. With only the perpetrators of the crime as witnesses that you can call on. Hmmm... How successful does of a case does that sound like?

    Let this be a lesson to you little whipper snapper. Not all places employ certified security. Count yourself lucky, never steal again and change your screen name. Fightingirish does not apply to you.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: California Kind of Caught Shoplifting, Unreasonable Force

    Quote Quoting fightingirish
    View Post
    My question involves criminal law for the state of: California

    Ok so here we go, I made a dumb choice and decided to grab some beer on the way out since it was stacked next to the exit at a supermarket, I walked to the corner and a friend picked me up as he drove by in his car,
    Sounds like you had made some arrangements with a friend to pick you up after your beer run. Ya know, this might be able to be charged as burglary and/or conspiracy - both of which can be pursued as felonies.

    I was wondering if I would be able to take it to court possibly,
    To make a successful lawsuit against the business (assuming these guys are from the business) you would need a doctor to articulate the injuries. You have no medical report, and the longer you wait the less likely it will be that you could convince a jury that any injuries you have were the result of the men who you say attacked you so viciously.

    How long ago did this happen?

    but if I take it to court would they charge me with shopplifting ?
    Probably. Perhaps more serious crimes, too. How do your friends feel about that sort of inquiry? Do they - and you - really want the store reviewing their video of what happened?

    I currently have a clean record oh and also when I was on the ground the security wich had no uniform, plaincloths repeatedly said " I'm strapped I got a gun in my jeans ill shoot you , ill shoot you" to me and my friends watching. Any help would be appreciated
    If you feel you were assaulted, report it to the police. But, don't be surprised if you are also under investigation after that.

    If you have injuries that you want them to pay for, contact an attorney and look into the possibility of making a claim against the business. But, again, don't be surprised if you are also reported to the police.

    Perhaps this will deter you and your pals from stealing beer in the future. Or, maybe not.

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