What do I do if I'm assaulted by a store employee?
30
10
The short answer? You have the right to press criminal charges and may also be able to pursue a civil claim for damages. Since you have police involvement, evidence, and a witness, you’re in a strong position to move forward.
The magistrate can help you formally file criminal charges, and a personal injury attorney can help with the civil side. That means you can go to the local magistrate’s office (usually part of the courthouse or jail) and file a criminal complaint yourself.
If the magistrate finds probable cause based on your statement and evidence, they can issue a warrant or summons for the employee who assaulted you. This is separate from whatever the police may choose to do. You don’t need an immediate arrest to pursue charges.
Since you have a case number and were told to contact the magistrate, you’re still within your rights to push the matter forward.
You can sue in civil court for assault and battery, claiming damages for medical expenses, pain and suffering, and emotional distress. If the business is liable for their employee’s actions, they may also be named in the lawsuit. You’ll want to preserve all photos, videos, and medical documentation to support your claim.
Demand that the footage be preserved immediately—send a written request (email or letter) to the store stating they must retain the surveillance video due to pending legal action. If they delete it after being warned, that can be used against them in court.
As a bonus tip:
A personal injury attorney can help with both pressing charges and filing a civil claim. Most work on contingency, so you likely won’t pay anything upfront. An attorney can also help subpoena the video and make sure your rights are protected throughout.
Upvote if this is a clear answer
Downvote if this is not a clear answer
Full Conversation
Hi, I was just assaulted by an employee of a smoke shop, and I was looking for some legal advice.
I’m sorry to hear about what happened to you. Were there any witnesses to the assault?
Yes
Have you reported the assault to the police or sought any medical attention for your injuries?
Yes
Is there anything else the lawyer should know before I connect you? Rest assured, they’ll be able to help with your assault case.
Yes
Hello! Legal Eagle here, and I am an attorney specializing in your area of law. I’m more than happy to help you with your situation!
Can you tell me what led up to the assault and what exactly the employee did, so I can better understand the situation and what kind of legal action might apply?
Yes, absolutely. Thank you for your time.
Sure thing! I’ll hang tight.
I was driving a coworker home. They asked to stop by a local tobacco shop.
While there, my friend purchased a nicotine vape. At the counter, I asked the shopkeeper if he had any THC products. He responded he had THC-A. I said that wasn’t what I was looking for.
He said, “Do you know what the difference is?” I said, “Yes. Traditional cannabis has multiple molecules, while THC-A is one specific molecule.”
He was upset at my opinion. As I was going to leave, the employee threw something at me that was circular. I have a huge welt on my back from it. I took videos and multiple pictures.
I then turned around to ask why the gentleman did that. My friend stood between us to try and calm it down. I explained to him that was unnecessary.
My friend left to get his belongings from my car, then Ubered home. I asked why the individual found it okay to assault me, then left the premises and called the police.
The police were very polite and helpful. They asked me for a breathalyzer, which I refused, and I Ubered home.
ALL of this is on video. The store has multiple video cameras. I never once approached him in a violent or even aggressive way. The tape will show all of that.
I am emotionally and physically damaged from the event and would like compensation of some kind.
I was leaving the business with my back completely turned from him.
Ok, thanks! Just a few more questions.
Did the police take a report and give you a case number, and do you know if they plan to request the store’s surveillance footage?
I didn’t even realize what happened until my friend stepped between us because he didn’t want me to get into trouble of any kind.
I was 100% in control of myself as well as my emotions.
Yes to both of your questions.
I have the case number and asked multiple times for the officer to see the footage of the assault.
Understood! So you’re just wondering what it is you can do here, correct?
They told me to get in touch with the magistrate if I’d like to press charges, but I’m not exactly sure what that means, as this was the first time anything like this has ever happened to me.
No problem! I’ll certainly address that. Anything else you'd like to add that you think is relevant before I answer?
Nothing comes to mind. My friend left before the police arrived. He is 100% willing to testify, and again, all of it is on camera.
I never touched the individual who assaulted me. I never raised my voice. I was just trying to leave the store when he tried to hurt me.
Ok! I just need a little time to draft up a high-quality answer. I’ll be with you as soon as possible. It won’t be terribly long, ok?
Please take your time.
I’m so sorry about this situation! I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask, because this law stuff can get complicated.
The short answer? You have the right to press criminal charges and may also be able to pursue a civil claim for damages. Since you have police involvement, evidence, and a witness, you’re in a strong position to move forward.
The magistrate can help you formally file criminal charges, and a personal injury attorney can help with the civil side. That means you can go to the local magistrate’s office (usually part of the courthouse or jail) and file a criminal complaint yourself.
If the magistrate finds probable cause based on your statement and evidence, they can issue a warrant or summons for the employee who assaulted you. This is separate from whatever the police may choose to do. You don’t need an immediate arrest to pursue charges.
Since you have a case number and were told to contact the magistrate, you’re still within your rights to push the matter forward.
You can sue in civil court for assault and battery, claiming damages for medical expenses, pain and suffering, and emotional distress. If the business is liable for their employee’s actions, they may also be named in the lawsuit. You’ll want to preserve all photos, videos, and medical documentation to support your claim.
Demand that the footage be preserved immediately—send a written request (email or letter) to the store stating they must retain the surveillance video due to pending legal action. If they delete it after being warned, that can be used against them in court.
As a bonus tip:
A personal injury attorney can help with both pressing charges and filing a civil claim. Most work on contingency, so you likely won’t pay anything upfront. An attorney can also help subpoena the video and make sure your rights are protected throughout.
Could you recommend a personal injury attorney in Charlottesville? Thank you again for your time.
Sure thing! I don’t have any contacts, but try clicking here.
Also, try this link:
Sometimes the local law schools can provide free legal assistance too.
Yelp.com is also a surprisingly good place to find lawyers.
You can also find a lawyer on the Legal Services Corporation website, which helps connect people with legal aid organizations.
Okay, I’m really distraught and angry, but thank you for your time.
I’m very sorry about that! I want to ensure you feel completely satisfied with our conversation.
Were there any details I missed? Did you have any concerns about this issue that still need to be addressed? I’m happy to help.
