Asked in Criminal Law and Civil Rights for Florida

Q: Someone working at a dollar general grabbed my throat and I shoved him away is there anything I can do?

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3 Lawyer Answers

A: If someone grabbed your throat, and it was not for self-defense purposes, you are a crime victim, so you may contact the police in the jurisdiction for the store. They should then investigate to determine if the aggressor should be charged with battery. I am assuming from your description that you were not an aggressor, and that you shoved the aggressor once solely for self-defense, and if there were to be a video, it would be clear that you were only defending yourself. If you happened to be more aggressive than that and did something MORE than simply put your hand(s) out to keep that person away, then it probably would not be a good idea to contact law enforcement because you could end up being arrested. If a criminal investigation is done and police determine that the other person should be charged, you have a potential civil claim for money damages as well - but if no medical treatment was needed, not for a very high amount.

Terrence H Thorgaard and Leonard Louis Cagan agree with this answer

James L. Arrasmith
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Answered

A: I'm sorry you experienced that. First, make sure you’re safe and seek medical attention if you have any injuries.

Consider reporting the incident to Dollar General management and filing a report with local law enforcement. Providing details like the time, location, and description of the employee can be helpful.

You might also want to document everything that happened and keep any evidence, such as photos or witness information. Consulting with a legal advisor can help you understand your options and ensure your rights are protected.

A: In addition to what was said, most stores will only keep video recordings for a limited time. If a video may incriminate you, be careful before you request that a copy be given to you or preserved. It could come back to be damaging to you. It may be a good idea to discuss it with a local attorney to see if that would be in your best interest.

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