Legal Question in Criminal Law in Maryland

I was recently caught stealing $25 worth of food from a grocery store (Safeway in Towson, MD) out of necessity becuase I was very hungry and had no money nor knew of other means of obtaining food. I'm not denying that at all. As I was leaving the store, one of their loss prevention managers was standing in the doorway. "DONT MOVE OR YOUR GOING TO JAIL!" he screamed at me in my face. He grabbed me by the shoulders. I panicked. I RAN right through him and out the door( i used to play football and rugby and still train regularly). I did not strike him, OR SHOVE HIM.

Once I was outside, another store worker managed to catch up to me and put me in a headlock. The loss prevention manager (the first person I described who had screamed at me upon my exiting the building) then joined this other worker. At this point I was not resisting, as I couldn't really move. I was still standing though, and i guess in that way I was "resisting" ( but neither were police officers), yet not fighting, as I didnt touch them with my arms, just tried to keep my balance. The two of them slammed me to the ground, head first. My head was smashed on the concrete. A number of witnesses saw the whole thing. A woman even said, "so what if he;s stealing, have some dignity" to the workers. The witnesses called the police. I sustained a concussion ( a doctor gave me this diagnosis), as well as a number of scrapes and lacerations on my body. The other two workers had no injury. I couldn't stand up without their assistance, but they each supported one of my arms and led me back inside of the store.

the police came and arrested me. I was charged with 2nd degree assault (on the store loss prevention manager, the first person I described) and shoplifting. i understand fully the shoplifing charge, and take full responsibility, and am owning my actions. however, given this account of what has happened, how can they actually charge ME with assault?! if anything, it seems as if I should be charging them with assault. I did NOT strike or hit either one of the workers. I didn't shove the L.P. manager, nor the store worker who came to put me in a headlock.

thanks so much for reading this way-too-long description. any answer would be greatly appreciated :)


Asked on 10/31/13, 1:33 pm

1 Answer from Attorneys

William Welch William L. Welch, III Attorney

An experienced criminal defense attorney can help you evaluate the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to go to trial. Consider seeking a confidential consultation.

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Answered on 11/05/13, 7:36 pm


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