Q: Do i have a case against theft and prevention do they have the right to bodly hirt me and the other person?
I had shoplifted a pair of shoes and we walked out onto the sidewalk when 2 men regular clothed came up behind me grabbed me and my purse swung me around and was physically pulling me my friend said dont touch her and they borh grabbed him up and busted him against the wall and trash can and started choking him and then i screamed saying i had the zhoes and started toward the door wheni got to the door t hrew them on ground and went to walk out but the one grabbed my arm and flipped me up in air and i fell so hard on the concrete i lost my breath and lost my bowels all over myself and he then got his knee in my back and handcuffed me abd my friendvwas telling me to come on and am i ok they qwnt toward him and he sorayed pepoer spray and rhey told him to leave and he tried to come andtalk to them and they sent him away 3× and then calked police on me and endedbup and vharged us with robbery
A: They don't have a right to touch you. You need to get a lawyer and get the camera, I am sure they are going to say you hit them first or used force, That is how a simple shoplifting turned into a robbery,
A: The use of physical force is legally justified to prevent theft, and deadly force may be used to prevent theft during the nighttime or robbery. Robbery means using force to commit theft, so if you forcefully resisted their legally justified use of force to prevent theft, then you can be convicted of robbery. See chapter 9 of the Texas Penal Code.
A: If you are facing criminal charges, you probably should not be openly discussing this matter. Based on the facts you have presented, you may have a valid civil claim. However, please be aware that a store employee does in fact have the right to take a person suspected of theft into custody. Whether all the beating, choking, and pepper spraying were justified is a separate question that will need to be analyzed by your attorney.
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