Legal Question in Criminal Law in California
charge of robbery vs. shoplifting ($20.00 purse)
Can a person be written up for a robbery, when they did not rob a person? They were shoplifting, and took a 20 dollar purse, and when the security guard came out to retain them, he grabbed them with force w/o identifying himself-therefore the person resisted, and he got a scratch on his upper chest. She also recieved bruises, scratches, and he also pulled out her hair. When he grabbed her he used such force that his imprint was embedded THROUGH her skin. What type of charges would the person encounter, and what could she do about him using improper procedure when approaching her?(i.e. not identifying himself, he had no uniform or badge, by grabbing her and pulling instead of asking her to step back in the store) What can we do?
Thank you
2 Answers from Attorneys
Re: charge of robbery vs. shoplifting ($20.00 purse)
Guess what? Using force to retain that which you have stolen is properly charged as Robbery, 211 PC, a felony. Also, the thief who got bruised trying to hang onto the loot gets no sympathy from me. He or she needs a good lawyer.
Re: charge of robbery vs. shoplifting ($20.00 purse)
Your friend needs to retain good legal counsel. Resisting store security turned a petty theft misdemeanor into a felony for which the punishment can be substantial. Have her call me at (800) 313-9619 for a free consultation
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