Even if probable cause does exist, if the store owner detains the plaintiff for too long or in an unreasonable or excessive manner, liability for false imprisonment is still a real possibility. Learn more about intentional tort personal injury cases.
Under California law, being accused of stealing without any evidence or reasonable suspicion can be considered defamation or false accusation.
Shoplifting, conviction with property value over $500, classified as a felony. Punishment is a fine, and 1-10 years in jail. Shoplifting, from three separate businesses over seven days or less, with property value (per incident) over $100, classified as a felony. Punishment is a fine, and 1-10 years in jail.
If you are referring to the tort of false imprisonment, then the answer is yes. You can file a civil lawsuit against someone or an entity that falsely imprisoned you. However, outside of an extreme situation, the problem is that there are rarely any actual damages. Therefore, a lawsuit is rarely worth doing.
A person convicted of the offense of false imprisonment shall be punished by imprisonment for not less than one nor more than ten years.
Crimes and Offenses § 16-5-41. (a) A person commits the offense of false imprisonment when, in violation of the personal liberty of another, he arrests, confines, or detains such person without legal authority.
The crime of shoplifting in Georgia can include all types of items such as gum, alcohol, jewelry, computers, DVDs, and groceries. Shoplifting carries substantial penalties that could include jail time, fines, and possibly damages from a civil lawsuit.
Penalties for Penal Code 236 False Imprisonment If convicted of a PC 236 felony crime, you could spend up to three years in a California state prison and be fined up to $10,000. It should be noted that if the victim was elderly or dependent, the sentence could increase to four years.