How to Take Legal Action when Assaulted by a Retail Worker
Call the police., Gather evidence., Get a copy of your police report., Follow up with the prosecutor., Determine your state's criminal complaint procedure.
Step-by-Step Guide
-
Step 1: Call the police.
Either you or a witness may want to call the police immediately.
If you believe you are in immediate danger of continued assault, call
911.
Otherwise, find a non-emergency number for the nearest precinct.If you're injured, you may want to seek medical treatment before you report the incident to the police, unless the injuries are minor.
To report the incident after the fact, it may be better to go to the police station in person than to make a phone call.
However, if there was damage to the premises or other evidence of the assault in the shop where you were assaulted, it's a good idea to call the police and have them come to the scene. -
Step 2: Gather evidence.
Prosecutors are more likely to press charges against someone if there's enough evidence that they can prove the person is guilty at trial.
The more evidence you have, the more likely the person who assaulted you will be charged.If you have any visible cuts or bruises, take pictures immediately.
These physical signs will look different after treatment and over time.
You may want to take pictures around the scene of the assault as well.
If you called police to the scene, they'll take their own pictures, but you may want them for your own reference.
Try to get the name and contact information of anyone who was there when you were assaulted and witnessed the incident. , When you report the assault, the officer with whom you speak will create a written report of the incident.
You need a copy of this report for your own records, and may be able to use it as evidence in any civil lawsuit.Read the report carefully and alert an officer to inaccuracies if you see any.
You also may want to provide any additional information you have, particularly if the report was completed based on the officer's notes at the scene.
If there's any information in the complaint that you don't understand, ask a police officer to explain it to you.
Police reports often include codes that you may not know the meaning of.
Each report has a unique number.
Keep your report and the number in a safe place.
If you want to add information or check up on the status of your case, you'll have to provide the report number. , Prosecutors typically have significant discretion in whether to pursue charges against someone.
If a prosecuting attorney does decide to press charges against the retail worker who assaulted you, they likely will have questions for you.The prosecuting attorney may call you to their office for an interview.
They will ask you questions based on the information contained in the police report.
If you have photos of your injuries or the crime scene, bring them with you.
The prosecutor may not be able to use them as evidence in the case, but they still may be helpful.
You typically will be asked to testify at trial.
If you don't want to testify, the prosecutor typically will honor your request, but keep in mind that may mean the prosecutor drops the charges. , Some states allow people to file private criminal complaints against people who assault them.
Typically there is some degree of involvement from the state's attorneys, but you still have some control over the process.In many states that allow private prosecutions of crimes, the state prosecutor's office must first decline to press charges before you can proceed.
However, if the prosecuting attorney indicates to you that they don't intend to press charges against the person who assaulted you, ask if it's possible to pursue the case yourself.
If private criminal complaints are allowed in your state, the prosecutor will tell you how to get one started.
If you decide to file a criminal complaint yourself, you may want to hire a private attorney to assist you. -
Step 3: Get a copy of your police report.
-
Step 4: Follow up with the prosecutor.
-
Step 5: Determine your state's criminal complaint procedure.
Detailed Guide
Either you or a witness may want to call the police immediately.
If you believe you are in immediate danger of continued assault, call
911.
Otherwise, find a non-emergency number for the nearest precinct.If you're injured, you may want to seek medical treatment before you report the incident to the police, unless the injuries are minor.
To report the incident after the fact, it may be better to go to the police station in person than to make a phone call.
However, if there was damage to the premises or other evidence of the assault in the shop where you were assaulted, it's a good idea to call the police and have them come to the scene.
Prosecutors are more likely to press charges against someone if there's enough evidence that they can prove the person is guilty at trial.
The more evidence you have, the more likely the person who assaulted you will be charged.If you have any visible cuts or bruises, take pictures immediately.
These physical signs will look different after treatment and over time.
You may want to take pictures around the scene of the assault as well.
If you called police to the scene, they'll take their own pictures, but you may want them for your own reference.
Try to get the name and contact information of anyone who was there when you were assaulted and witnessed the incident. , When you report the assault, the officer with whom you speak will create a written report of the incident.
You need a copy of this report for your own records, and may be able to use it as evidence in any civil lawsuit.Read the report carefully and alert an officer to inaccuracies if you see any.
You also may want to provide any additional information you have, particularly if the report was completed based on the officer's notes at the scene.
If there's any information in the complaint that you don't understand, ask a police officer to explain it to you.
Police reports often include codes that you may not know the meaning of.
Each report has a unique number.
Keep your report and the number in a safe place.
If you want to add information or check up on the status of your case, you'll have to provide the report number. , Prosecutors typically have significant discretion in whether to pursue charges against someone.
If a prosecuting attorney does decide to press charges against the retail worker who assaulted you, they likely will have questions for you.The prosecuting attorney may call you to their office for an interview.
They will ask you questions based on the information contained in the police report.
If you have photos of your injuries or the crime scene, bring them with you.
The prosecutor may not be able to use them as evidence in the case, but they still may be helpful.
You typically will be asked to testify at trial.
If you don't want to testify, the prosecutor typically will honor your request, but keep in mind that may mean the prosecutor drops the charges. , Some states allow people to file private criminal complaints against people who assault them.
Typically there is some degree of involvement from the state's attorneys, but you still have some control over the process.In many states that allow private prosecutions of crimes, the state prosecutor's office must first decline to press charges before you can proceed.
However, if the prosecuting attorney indicates to you that they don't intend to press charges against the person who assaulted you, ask if it's possible to pursue the case yourself.
If private criminal complaints are allowed in your state, the prosecutor will tell you how to get one started.
If you decide to file a criminal complaint yourself, you may want to hire a private attorney to assist you.
About the Author
Susan Thomas
Brings years of experience writing about creative arts and related subjects.
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