I punched a kid

[Conversekidz]

[QUOTE=SCpoloRicker]aaps link
[QUOTE]

That is a rule for a school, not a law.

But anyways that goes back to my prior post, if you say you are going to stab someone with a knife and there is no knife aroun how do you aparent ability to perform such act? You don't, hence it not being assault.

[Lohman446]

[QUOTE=Conversekidz][QUOTE=SCpoloRicker]aaps link

That is a rule for a school, not a law.

But anyways that goes back to my prior post, if you say you are going to stab someone with a knife and there is no knife aroun how do you aparent ability to perform such act? You don't, hence it not being assault.

WRONG... if you threaten someone and a REASONABLE person woudl beleive that threat to be a serious threat of imminent physical harm that is enough. If I say I am going to shoot you, in a manner that makes you beleive it is serious and imminent, I have committed assault, even if I have no gun. If I do have a gun I have committed felonious assault (But thats another story). If I use the presence of the gun to pump up the threat (without aiming it) add brandishment to the list. The key is all it has to be for assault is to make a reasonable person beleive the threat was imminent and serious.

At least as the law works in MI

[Conversekidz]

Lohman446 you clearly did not read my posts in regards to california penal codes. I citied the exact codes and if you read them it clearly defines what assault is for california law, its the only law I studied because I was planning on practicing in california.

Assault in california is defined as this

Penal Code 240. An assault is an unlawful attempt, coupled with a present
ability, to commit a violent injury on the person of another.


If you say you are going to shoot someone, and you do not have a gun, you do not have the present ability to do so, IE it is not assault, however it is considered a threat.

Which is penal code 422, which defines a threat as

Any person who willfully threatens to commit a crime which
will result in death or great bodily injury to another person, with
the specific intent that the statement, made verbally, in writing, or
by means of an electronic communication device, is to be taken as a
threat, even if there is no intent of actually carrying it out,
which, on its face and under the circumstances in which it is made,
is so unequivocal, unconditional, immediate, and specific as to
convey to the person threatened, a gravity of purpose and an
immediate prospect of execution of the threat, and thereby causes
that person reasonably to be in sustained fear for his or her own
safety or for his or her immediate family's safety.


I'll say it again, if he says to the kid i'm going to shank you if you touch my stuff again it is not assault.

[minimag03]

just remember you were once a kid like that also...

I agree to a point, but this kid needs to take a break.

[Lohman446]

Lohman446 you clearly did not read my posts in regards to california penal codes. I citied the exact codes and if you read them it clearly defines what assault is for california law, its the only law I studied because I was planning on practicing in california.

Assault in california is defined as this

Penal Code 240. An assault is an unlawful attempt, coupled with a present
ability, to commit a violent injury on the person of another.


If you say you are going to shoot someone, and you do not have a gun, you do not have the present ability to do so, IE it is not assault, however it is considered a threat.

Which is penal code 422, which defines a threat as

Any person who willfully threatens to commit a crime which
will result in death or great bodily injury to another person, with
the specific intent that the statement, made verbally, in writing, or
by means of an electronic communication device, is to be taken as a
threat, even if there is no intent of actually carrying it out,
which, on its face and under the circumstances in which it is made,
is so unequivocal, unconditional, immediate, and specific as to
convey to the person threatened, a gravity of purpose and an
immediate prospect of execution of the threat, and thereby causes
that person reasonably to be in sustained fear for his or her own
safety or for his or her immediate family's safety.


I'll say it again, if he says to the kid i'm going to shank you if you touch my stuff again it is not assault.

Then California law is different than Michigan - which is of course all I have ever really concerned myself with.

ASSAULT [MCL 750.81, et seq]
A&B penalty: Misdemeanor --- 93 days &/or $500. [As of 04/02/02]

Aggravated Assault penalty: Misdemeanor --- 1 year &/or $1,000.

Domestic Violence penalty: Misdemeanor --- 93 days &/or $500.

Aggravated Domestic Violence penalty: Misdemeanor --- 1 year &/or $1,000.

An unlawful act that places another person in reasonable apprehension of receiving an immediate battery. An attempt to commit a battery. The defendant must intend to injure the victim or make the victim reasonably fear being struck. An assault is intentional, not an accident.

Note: The victim need not be actually injured for a "Simple Assault", but injuries can be circumstantial proof of higher levels of assaults. For example, proof that a victim was physically injured and needed immediate medical attention can distinguish "Simple Assault" from "Aggravated Assault". The type or severity of injury may also prove the defendant's "intent" (i.e., Assault With Intent to Do Great Bodily Harm Less Than Murder, Assault with Intent to Maim, Assault With Intent to Murder, etc.).

[gc82000]

wow this thread is getting a lot attention, more then I thought.


First of all I am going to be 23 real soon. Also I am soccer coach that coaches 6 of his PB teamates, so by me assualting some kid would not reflect well on my part. Plus I am a Criminal Justice Major, with a preacceptance to Georgetown Law School after graduation.

I know hitting this kid would not be beneficial to me and my future, but it is fun to post and read responses to them. On Guam The code is Title 9 chapter 32, subsection 15. And it states threatening a minor of the age of 17 and under is a third degree felony with a sentence of 1-3 years in prison.

My plan on my future interaction with this kid would be to ignore him. I think it was Dryden that posted that.

I also read a couple good post on here too, but I am glad it got the discusion it received.

Thanks
Gian

PS Conversekid, Guam is part of the 9th circuit court of appeals same as the west coast. Maybe I might see you in court of on the field.

[ColdFuzion]

I'm 13, and I ref at the field, but I don't think I'm god or anything. I also don't mess with people's stuff unless they okay it...

Just tell the kid that you have expensive stuff that you don't want to get broken. He should quit. If not, those cute little locks that come with luggage sets do have a purpose in life...

-Cold

[MadPSIence]

then find a happy middleground.

angrily stare him down... get in his face (without touching him) and just say

"keep the **** out of my ****"

should work.

[Hairball]

Put a "bloody" rubber limb in the bottom of your bag.

[Pr0d1gy]

Dealing with this particular kid is one thing, the safety of your gear is another.

If you're not wearing/carrying everything of value onto the field, invest in a locking box/bag that you can also secure to something.

A simple trunk/box from army surplus with a padlock on the front and a wire/chain passed through the carry handles will suffice.

Yeah man, being a properly raised young kid I knew better than to go through peoples' stuff without asking...honestly I wouldn't touch other peoples' stuff, rather just ask first to see it. I've been like that always & would not let this kid near my gear.

[93civiccpe]

VERY VERY EASY solution. Just set the kid up... get a few mouse traps and tuck them inside your bag and then wait for the scream.

More humane way.. put a lock on the bag, even if one of the little locks that hold the two zipper pieces together.

Less humane way... replace mouse traps with rattle snakes. preferably agitated ones.


(Hopefully you all realized I am joking... about the second one.. lol. J/K. If any of you are dumb enough to put a rattlesnake in your bag, then you deserve being a big harry mans girlfriend in jail)

[SocialD]

...or fill up the bag with water and sharks with freakin' laser beams on their heads!


(Sorry, I couldn't resist.)

[mobsterboy]

its not just a matter of yelling at the kid, or putting locks on your gear, you shouldn't have to. At my place, even my best buddies that i go with, i hardly ever touch their stuff unless they ask me to. I always ask to get into their bags, and although they offer me, i almost never use their guns, even to test out. I feel that its their equipment, and like mine, its sacred, so i dont wanna screw up or lose something that they are passionate about.

Honestly, you shouldn't have to teach the kid a lesson, but if you have to, really you are 23. Just put on that old mean person look and tell him that you dont want him in his stuff and that he should look and touch his own stuff. If you have to, talk to his parents when they get there, i know it might seem "uncool" to him, but its your personal stuff and you shouldn't have to worry about ppl screwing around with it

Mouse Traps? Rattlesnakes? Bloody rubber limbs? Honestly, dont threaten him, he is just immature. Next time he touches anything, let him know you dont want him around your stuff and make sure you tell him that you will talk to his parents about it if he does it again. You'll prob scare the piss right out of him, or he'll just be more immature

If all else fails, a good game of bonusballing will do the trick

[JRingold]

Maybe I am just simple, but, if you had a case with a lock, wouldn't you be solving the problem? Everything I have that I don't want anyone else to mess with is in a locked case. All of the other stuff is, well, stuff no one would want to look at, paper towels, gloves, shoes, etc..

[gc82000]

That is just it I dont carry expnsive things to go play I have an extra set of clothes, a rag for cleaning my gear, extra pods, tools, gloves, slippers, cell, phone keys and my wallet and after a day of PB is empty most of the time.

So for why this kid is snooping in my gear, i dont know. does he want some of my clean underwear, IDK. The thing is I dont play in this kids division and he usually does not want to play with/against me. If he wants advice and to learn more on playing there is no better way to do it then to go out and play. I might throw some extra "lessons" his way, but man dont come up to me and ask for advice. And when I give you an opportunity to put that advice to use you, you back down.

To me this kid is a poser and will more then likely quit playing once his friends start to put him down. Even though my feeling for this is less then positive, feel he wasting his time and should try to make himself better. He is more known for his antics off the field then on. I guess this is where the anger and irritation come from, I see a kid who has some potential, but lacks motivation and direction. And being a coach who sees this every season, sees the failure in myself for not being better in getting through to this kid and encouraging growth and success.

end of epiphony.