Results 1 to 9 of 9
  1. #1
    Join Date
    Dec 2013
    Posts
    3

    Default Assault Charges for Dealing With an Angry Customer

    Neither my husband nor I have any experience with charges being filed against us. We run our family owned grocery store, which is in a low income and assistance dependent area, in a suburban town in Pennsylvania. I had an issue with a patron at my store today and this is what happened in chronological order:

    1. Customer became upset regarding her purchase and began screaming and swearing at me in the store.
    2. I asked her to leave her merchandise behind and leave the store. I've had to do this in the past, but never because someone was screaming at me specifically.
    3. The customer refused to leave. I asked her again to leave and walked away.
    4. She followed me and told me that she was going to "kick my @$$." I backed off further and asked her to leave again.
    5. She continue to come toward me, making verbal threats.
    6. I called for my husband (I am pregnant, and have never been in a physical altercation, I was very frightened)
    7. I walked away when he came.
    8. He asked her to leave, she refused and continued to tell him she was going to hurt me.
    9. He escorted her (grabbed her by the elbow and walked her) out of the store.
    10. She at one point broke free and hit him, he did not hit back but regained control of her by her arm and continued to walk her out of the building.
    11. He remained outside until she got in her car and drove away.

    Now she is filing assault charges against him! The police came and did not make an arrest. We gave them a tape, which shows exactly what I've described above, and the police officer said their opinion is that he acted in defense of me and all others in the store and that the police report would reflect that he acted within his rights as a store owner and in my defense to remove someone from the store using reasonable force. I am just so afraid that something could happen to my husband! He didn't hurt her, and he would never hit anyone unless it was necessary, he was only trying to get her out of the store and away from me as gently as possible since she would not leave on her own. Any advice? My ONLY experience with criminal law is as a witness for the state when people have stolen goods from our store.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Assault Charges

    If the police have already said that he acted within his rights, what are you thinking can happen? She can't MAKE the police arrest him or charge him.

  3. #3
    Join Date
    Dec 2013
    Posts
    3

    Default Re: Assault Charges

    cbg- I'm not worried that he's going to be arrested and hauled off the jail but I'm worried that she'll file charges against him at the magistrate and that they will pursue charges against him. What happens if that were to happen? It's my understanding that police officers don't always fully understand the law, but act with their best judgment during the time of the incident. I guess what I'm looking for is verification that he was acting legally- I'm not sure the law and the common sense to protect loved ones don't always mesh.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Assault Charges

    Okay, I haven't lived in Pennsylvania since 1979 but I don't remember that it works that way. I really don't think you have anything to worry about.

  5. #5
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Assault Charges

    It does not sound like he did anything overtly illegal. In the future you should immediately order they leave and are trespassing, with a warning authorities will be called. Follow it up with a call to police if they do not leave. Only physically engage if they become physically confrontational and only use the force needed comparable to theirs or less. Scrutiny of a judge and jury might be needed of these actions in the future.

  6. #6
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Assault Charges

    "She at one point broke free and hit him".

    Personally, I think your husband could file charges against her for hitting him.

  7. #7
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Assault Charges

    The problem is he took it into the grey area, before she made it black and white.

    Quote Quoting PandorasBox
    View Post
    "She at one point broke free and hit him".

    Personally, I think your husband could file charges against her for hitting him.

  8. #8
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Assault Charges

    I think no charges will be filed but if they are for some reason,keep quiet and call a lawyer.

  9. #9
    Join Date
    Dec 2013
    Posts
    3

    Default Re: Assault Charges

    Thanks! I told her to leave several times while she was screaming in my face and swearing and making our other patrons uncomfortable. One of my employees called the police, but she was already threatening violence against me, and moving toward me. I really felt that I had no choice but to get my husband involved because I am pregnant and I have never been in a physical altercation before. He asked her to leave as well, when she refused and continued to try to move toward me, he walked her out by her elbow. I don't think he used any force that a bouncer wouldn't use, and in fact let her walk on her own except in cases when she tried to move back into the store. We gave the authorities the video footage and hopefully it all goes away. Neither he nor I have any criminal record whatsoever, so it's pretty frustrating for me. Certainly don't want to have to pay a lawyer for something so ridiculous!

    - - - Updated - - -

    Quote Quoting tc498
    View Post
    I think no charges will be filed but if they are for some reason,keep quiet and call a lawyer.
    Good advice. Thank you, I hope that won't be necessary. SMH at the whole situation!

    1. Sponsored Links
       

Similar Threads

  1. Estate Assets and Debts: Dealing With Unauthorized Credit Card Charges and Lien on Home in Probate
    By amyn19 in forum Estate Planning, Administration and Probate
    Replies: 2
    Last Post: 12-30-2011, 04:25 PM
  2. Drunk and Impaired Driving: DUI, Intoxicated Assault, and Aggravated Assault Charges
    By Alfa in forum Drunk and Impaired Driving Charges
    Replies: 2
    Last Post: 10-08-2011, 11:01 AM
  3. Sex Offenses: Adult "Dating" Minor, Minors Parents Angry, Any Charges?
    By mas2kil in forum Criminal Charges
    Replies: 6
    Last Post: 09-25-2008, 03:24 PM
  4. Business Disputes: Angry Customer Demanding Refund
    By athomas in forum Business Law
    Replies: 7
    Last Post: 07-30-2008, 02:12 PM
  5. Assault & Battery: Aggravated Assault and Assault with a Weapon Charges
    By mikep in forum Criminal Charges
    Replies: 2
    Last Post: 07-25-2005, 10:21 PM
 
 
Sponsored Links

Legal Help, Information and Resources