I punched a kid

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  • Conversekidz
    Just a guy with a gun
    • Dec 2004
    • 634

    #46
    Originally posted by chairman_mao
    Actual it is illegal and can land you inserious trouble. Just because you didn't touch him doesn't mean you can say anything you want. By saying "Touch my stuff and I'll shank you" you are stating your intention to physically assault him.

    Show me the law where it says verbal threats, and this is only him saying it one time, is illegal with regards to someone potentially stealing your stuff and I will change what I have to say.

    Also if he threatend his life, the courts would also have to prove that he had intent of performing the act.

    You watch some kid key your car, and you run up saying if I catch you I am going to kill you!! I highly doubt an officer or a judge or anyone in the legal field would try and put an assault charge on you.

    Comment

    • Conversekidz
      Just a guy with a gun
      • Dec 2004
      • 634

      #47
      Originally posted by AGDlover
      report the ***** to the local field owner also get witneses that can back you up if you get him proven that he was stealing and going though your stuff without permishion then hes screwed


      Unless he has actually stolen something, this would be fraud.

      Comment

      • CKY_Alliance
        Team Deranged
        • Jan 2005
        • 1695

        #48
        Originally posted by Conversekidz
        Show me the law where it says verbal threats, and this is only him saying it one time, is illegal with regards to someone potentially stealing your stuff and I will change what I have to say.

        Also if he threatend his life, the courts would also have to prove that he had intent of performing the act.

        You watch some kid key your car, and you run up saying if I catch you I am going to kill you!! I highly doubt an officer or a judge or anyone in the legal field would try and put an assault charge on you.
        You would be surprised. All the kid has to do is say he was in fear of his life or in fear that he was going to be harmed and that is assault.Like some others said assault is verbal battery is physical.So you could still be charged with the assault part.Is it right no but what can ya do..nothing.

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        • Conversekidz
          Just a guy with a gun
          • Dec 2004
          • 634

          #49
          Originally posted by CKY_Alliance
          You would be surprised. All the kid has to do is say he was in fear of his life or in fear that he was going to be harmed and that is assault.Like some others said assault is verbal battery is physical.So you could still be charged with the assault part.Is it right no but what can ya do..nothing.
          You are correct to a point, unaggrivated assault he could simply say the guy threatend my life and I was in fear of it, but that is not what happened. The threat was in caused by the owner of the PB gear thinking the kid was stealing it, it changes how the law is looked at.


          Well if it was just the two of them, it would be a he said he said argument and no judge would look at it.

          Now if their where witnesses and they stated that the kid was going through the other guys stuff with out asking consent, and they he threatend the kid, the kid provoked the guy saying it.

          You have to look at provoked and unprovoked assault, laws are only as good as the context that they are in.


          This goes back to my purse example, did the lady assault the robber? By the defintion of assault yes she did, but legally did she assault the robber, no.


          I guess i'm arguing the legal aspect of it, and your pointing out the defintion aspect of it.
          Last edited by Conversekidz; 03-18-2005, 11:05 PM.

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          • CKY_Alliance
            Team Deranged
            • Jan 2005
            • 1695

            #50
            So if soemone goes through my stuff i can kill them as long as thiers witnesses to prove he went threw my stuff? Only legal provoked assault i know of is Self defence and that doesnt apply to the sitiuation at hand.physical assault that is.

            Comment

            • Conversekidz
              Just a guy with a gun
              • Dec 2004
              • 634

              #51
              Like I said earlier, show me the actual law, the penal code.

              Comment

              • Conversekidz
                Just a guy with a gun
                • Dec 2004
                • 634

                #52
                Originally posted by CKY_Alliance
                So if soemone goes through my stuff i can kill them as long as thiers witnesses to prove he went threw my stuff? Only legal provoked assault i know of is Self defence and that doesnt apply to the sitiuation at hand.physical assault that is.

                Wooooooh there buddy that is a completely different argument.


                Understand what my argument is saying before you try and take it down with examples that have nothing to do with it.

                Comment

                • CKY_Alliance
                  Team Deranged
                  • Jan 2005
                  • 1695

                  #53
                  Show you the law that assaulting someone is illegal?as in verbal assault?Do i really need to go look it up im sure you have heard of assualt and battery.The assault part is generaly verbal abuse that makes the victim feel threatend then there is the battery part, the actual physical abuse.

                  Comment

                  • RingOfScale
                    Americanized Thai Pancake
                    • Sep 2003
                    • 898

                    #54
                    side comment !!!! lol before me there were 54 views and 53 responses, i think thats a new % record
                    <<90 percent of all statistics are made up on the spot>>

                    Comment

                    • AGDlover
                      And boom goes the dynamite
                      • Aug 2003
                      • 3322

                      #55
                      Originally posted by Conversekidz
                      Unless he has actually stolen something, this would be fraud.

                      no but you'd have witneses + you did not give him full permition to go though any of your stuff so its like just walking into someones house without permition + you really dont know the kid. see what i mean
                      Euro E-mag | TL63 | XMOD| EM01610
                      Euro Rt | OG | RT02382.

                      Comment

                      • Conversekidz
                        Just a guy with a gun
                        • Dec 2004
                        • 634

                        #56
                        If you accuse someone of theft, and have witnesses saying that he stole stuff, and in reality he never did any of that, you would be committing a form of fraud, and the kid could turn around and sue the accuser for defimation of character.

                        Comment

                        • AGDlover
                          And boom goes the dynamite
                          • Aug 2003
                          • 3322

                          #57
                          ya i'm not saying at the moment he was stealing but he was going through someone elses stuff w/o permition, and like i said its like walking into some random persons house for no reason also known as invasion of privisey
                          Euro E-mag | TL63 | XMOD| EM01610
                          Euro Rt | OG | RT02382.

                          Comment

                          • Conversekidz
                            Just a guy with a gun
                            • Dec 2004
                            • 634

                            #58
                            The house example is a different set of laws.

                            If the door is locked, and they use force to enter then it would be breaking and entering.

                            If no force was used, and the door was unlocked, it would be illegal entry.




                            Its like this, if you are ever in a store and the shop owner accuses you of stealing, and you did not, you can sue the store.

                            Comment

                            • SCpoloRicker
                              HA HA I'm custom!!1
                              • Jan 2004
                              • 4375

                              #59
                              aaps link


                              Here's a court document where officers responded to reports of someone threating multiple individuals. Basically, he was likely waving it at multiple people, but it does give an indication that threatening someone with a knife isn't a great idea.

                              *Synopsis*

                              On August 27, 2002, at approximately 2:40 a.m., officers were dispatched to the bus-stop shelter in the 1500 block of Broadway on a report of a black male threatening individuals passing by with a knife.* At that location, Officers Kim Markell and Benny Aloia were confronted by David Jerome Smith, who threatened them with a knife.* After repeated efforts to de-escalate the confrontation, Smith turned his knife threats into an attack by jumping from the bus-stop bench and rapidly closing distance toward Officer Aloia.* As he attacked Officer Aloia, Officer Markell fired five shots at him from her service pistol.* Smith, still armed with the knife, then attempted to flee.* Officer Aloia chased Smith and, after a struggle, took him into custody.* It was then determined that Smith had been shot in the foot.* He was transported by ambulance to Denver Health Medical Center for treatment.* The medical staff determined that Smith had a bullet fragment in the second toe of his right foot.

                              Denver Second Judicial District court records

                              Forgive the abuse of a poor Google search, but it really isn't worth going into detail to explain that you can't tell people you're going to shank them because their grabby with your pb gear.
                              God....I guess I was probably returning videotapes.

                              Comment

                              • Conversekidz
                                Just a guy with a gun
                                • Dec 2004
                                • 634

                                #60
                                Read california Penal Code 240 on assault, then read Penal Code 422 on threats.

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


                                If I say I am going to shank you with a knife, and no knife is present I do not have present ability to perform that act per california law.

                                However by saying that and not having the knife present you are violating penal code 422

                                422. 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, shall be punished
                                by imprisonment in the county jail not to exceed one year, or by
                                imprisonment in the state prison.



                                However you need to place the threat in the context of the given situation. He saw some kid rumaging through his stuff and he thought he was stealing it. He felt threatened because of that act and used necessary force (yelling something at the kid) to protect his well being.

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