Please Scroll Down to See Forums Below Ok, so 2 nights ago, someone wrote "Your car is shitty" in permanent marker on my car. I just got into an accident and still have not gotten the dent fixed or the area painted over, but for some reason this irked me. So yesterday, I wrote something under what he wrote. So last night, I am looking out my window and I see someone stop out in front of my car. I walked down the stairs and looked out the window and saw a pretty big guy start to write again, so I snuck out and got behind him. When he turned around, I grabbed him by his neck, slammed him as hard as I could against my car and suplexed him onto the ground. Well, he became unconscious and I called the cops. Anyway, turns out this little punk is 18 years old and I was wondering if he could sue me since I threw the first punch so to speak. All I did was slam his head into the car once and hip tossed him. Well, he didn't bleed much and the good news is that I slammed his head into the already dented portion of my car, so that won't cost me. Am I safe from being sued since he was defacing my property or not?
A ? For you Legal Eagles
- Thread starter Chosser
- Start date
Both of you COULD sue, but probably won't. Did you approach with the intent,mens rea, to assault him?? Doesn't sound like it. There is such a thing as grevious insult. Since he was writing on your car, for the second time, you could say you were protecting your property and struck him because you were so insulted at his actions 
Guards - "Did you approach with the intent,mens rea, to assault him?? Doesn't sound like it."
Chosser - "When he turned around, I grabbed him by his neck, slammed him as hard as I could against my car and suplexed him onto the ground. Well, he became unconscious and I called the cops."
What story were you reading Guards???
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Chosser - "When he turned around, I grabbed him by his neck, slammed him as hard as I could against my car and suplexed him onto the ground. Well, he became unconscious and I called the cops."
What story were you reading Guards???
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You need to talk to an attorney. There is alot of variation between states regarding defense of property laws etc. There are several attorneys on the board...you might address it to them. Litig8r is a DA, RyanH is graduating law school and there are some others I can't think of.
B
BO-CEPHUS
Guest
Re: Re: A ? For you Legal Eagles
Well damn! We actually agree on something.
*golf clap*
velvett said:
Well damn! We actually agree on something.
*golf clap*
B
BO-CEPHUS
Guest
Re: Re: Re: Re: A ? For you Legal Eagles
OK! Stop being nice to me!!!
This cannot happen.
velvett said:
OK! Stop being nice to me!!!
This cannot happen.
Lao Tzu
New member
cut off ages vary. i think that being 18 is the cut off age in most states where you become an adult instead of a minor. in indiana, age only matters if the victim is under 14 or over 65. other than that it really isn't an issue (i don't think).
anyway, i doubt he will sue. if he does he will spend more on court costs than he will win. he may press charges for assault, but i seriously doubt that.
anyway, i doubt he will sue. if he does he will spend more on court costs than he will win. he may press charges for assault, but i seriously doubt that.
CdnChick26
New member
Chosser said:
Am I the only one who's curious as to what Chosser wrote under "Your car is shitty"???
You would have to have one bored fucking prosecutor to take an assault case against you. As someone stated above, defense of property law varies from state to state. In Texas you may even use DEADLY FORCE to protect property at night under certain circumstances. Bottom line, "No blood (at least not much) no foul" any self respecting prosecutor (no..... that is not an oxymoron) would kick the case if it ever got filed.
hasta
litig8r
hasta
litig8r
Ok, to answer a few questions.
I told the cop that he did swing at me to protect myself. In reality, I was pissed and slammed him to teach him a lesson.
Second, I wrote "Learn to spell asshole" under what he wrote because he spelled shitty wrong. He spelled it with one t.
I am in PA and i have no idea of the law.
I looked at my car today and there is a substantial bloodstain on the new dent, about the size of a golf ball, maybe bigger. I think he got a scratch from the previous dent. I am assuming he was unconscious before I hip tossed him. That would probably be the reason he felt like a sack of dead weight when I did it.
I am gathering this is a case of his word against mine in which he has no case, but since I have no scratches or injuries, I wondered if that could help his case. There were no witnesses which is a catch 22. If someone saw it I was fucked, but I bet it would have looked pretty cool from a bystanders viewpoint.
I told the cop that he did swing at me to protect myself. In reality, I was pissed and slammed him to teach him a lesson.
Second, I wrote "Learn to spell asshole" under what he wrote because he spelled shitty wrong. He spelled it with one t.
I am in PA and i have no idea of the law.
I looked at my car today and there is a substantial bloodstain on the new dent, about the size of a golf ball, maybe bigger. I think he got a scratch from the previous dent. I am assuming he was unconscious before I hip tossed him. That would probably be the reason he felt like a sack of dead weight when I did it.
I am gathering this is a case of his word against mine in which he has no case, but since I have no scratches or injuries, I wondered if that could help his case. There were no witnesses which is a catch 22. If someone saw it I was fucked, but I bet it would have looked pretty cool from a bystanders viewpoint.
