Legal help PLEASE

[APCdude]

Alright, so to lay a basic outline of why I need some legal help right now, I'll start out with an intro.

I'm 17 years old. I make the A/B honor role, been swimming for 5 years, 3 of which have been on my high school swim team (I am a junior). No criminal record, no traffic violations, no misdemeanors, nada.

Since at least 15 years ago, the swim team, being a tight-knit group of individuals that we are, have held a tradition of 'Toilet - papering' each others houses. Now let me explain - the parents of the recipient of TP knows and understands the risk that they will be TPed, and knows their son/daughter is out doing it. This is done once or twice a year, after the season, and all of the guys team joins at one house, and all of the girls team at another. We all buy loads of TP and then sometime after midnight we do crazy stuff, chase each other on foot, wrap each other's houses.

As you could imagine, some parents would kill if this were to happen to them. So, they declare that they will not tolerate their house being a recipient of the activities. We ALWAYS abide by this, as parents tend to get very anal (with all due respect). This night however, these parents did NOT communicate to us that they wished for us to disist our actions AT ALL.

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So, tonight, we get off without a hitch. 8 of us go buy $90 worth of toilet paper, equivalent to 400 rolls. We wrap about 3 houses really good, the night is going swell. Now there's this one house, (the family of which will of course go nameless, and be reffered to as The X Family) and the X family has a notorious child on the swim team. Every year, the X family is usually the most important target for the papering. However, we know family X VERY WELL.

We arrive down the street at about 2, all of us run up and right as the first roll is thrown, their van turns on and chases us all down. This has happened before, and appears to ALL of us to just be a jest, because the X family obviously knew we were comming and were trying to protect their house. We weren't prepared to give up that easily though.

At about 3:30, we go back, although this time we're in two groups, with myself in group 2. So, group 1 parks way up the street, and go all stealthy to act like they're wrapping it. Group 1 is just a diversionary force though, as #2 will run out of hiding after #1 is being chased. So, #1 throws the first roll, and the father runs out with a flashlight. Not yelling, not shouting, just running, which appears to make it seem that he's playing along because he isnt protesting, and maybe is looking for a playful challenge. #1 fall back, and the protectors of the house hide along the shadows of the house. This SERIOUSLY appears to be a game.

#1 runs away, and my group, #2, is stuck in hiding. Eventually we make a break for it, get in our cars, drive up the road and decide to just drive by the house quickly, and toss a roll out the window.

So, we do. I'm in front, I see them in the middle of the lawn, and I pull over so that my left side is on grass, or the lawn, and the right side is on pavement. My passenger throws the TP, and we drive by the two protectors of the house - within a range of about 20 feet. All of a sudden, one of them is holding a paintball gun, and begins PELTING my 240 with orange paint and dents. Also to note, my windows were down, and he barely missed the cabin (which could have resulted in serious injury).

Now I'm pretty pissed that they shot up my car. We head back to base house, and I get a call from my dad. He says they called him and told him that I was OFFROADING in their front yard, and that they had called the police.

So I cool off, let it pass. All of a sudden other members of the team call us at base, and say that their parents got called, and that, according to their statement: "First, I was offroading in their front yard. Second, the driver behind me, was being blamed for what I did (which means they changed their story, because they told my dad that they saw me do it). Last, they say that the car that was offroading either actually hit the father, or came very very close."

To set one thing clear - and I swear on my life that this, as well as all of this, is true according to my view and my actions - the front yard already had tire marks a good 10 feet in the front of it. ALL OF US saw and exclaimed at the makrs the first time we had tried to TP the house. I was no more that 3 or 4 feet in on my encounter, and I think they are holding those other marks against me! Not only that, but they will testify that I tried to run over the father, even thought I was going PARALLEL with the road.

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So, in a case of emergency, I might need some legal help here. Now I've read up on the use of paintball guns and here it says:"Shooting any non-participant with a paintball marker is assault! - While this should be obvious to everyone, there are always a stupid few out there who have to ruin it for everyone else, so just to make things clear: Never shoot anyone with a paintball marker who is not wearing proper paintball safety equipment and participating in or officiating a paintball game. Doing so is assault and carries a multi-year prison sentence. Paintball players everywhere will cheer when they lock you up."

Since I was half on the road, half in his lawn, they cannot say that I was trespassing, and the fact that he SHOT AT ME 7 TIMES, possibly barely missing the cabin which could have struck me in the face, has to be assault.

I just don't know where I stand on this. I can't believe that 'good friends' like that would actually press charges to the sherrif dept.I felt so bad, even though they shot up my car, that I called about an hour after they called my father, and with my sincerest respect offered my deepest apology, to which she flat out threw in my face, and promptly unconnected with me. I don't blame her for being upset - although I do find it a bit extreme, I just wish this could be resolved in a more peaceful manner.

Does anybody have any advice or anything I could use if I do get charges pressed against me?

Thanks in advance.

[Fenvy]

eat it up like a man, take responsibility for what you have done. she has every reason to be pissed and you pretty much, partially, got what you deserved.

If the father is not hit/hurt then it'll take more than a few words of mouth to accuse you of any attempted assault. You have no actual intent, and you MUST HAVE left the tire track because someone shot you with paintballs. You were scared and you ran. That's your side of the story.

apc sucks

[extheflow]

make sure your car doesn't have dings from the paintball gun. if it does tell the guy to pay for some dent removal. he would be an idiot to do any kind of criminal prosecution as him shooting at you with a PBgun is way worse than you getting some tires in his yard.he's old.you're a minor. a lawyer could turn that into something pretty heinous in court.oh yeahAPC sucks

[SmithSR]

Advice? Yeah, knock this crap off and hand-write some letters of apology and deliver them youself.

The paintball deal is the price you pay. In a situation like this, you basically get whatever comes to you, because nobody forced you to TP a guy's house.

I'd say you are lucky you didn't catch rocks. Some people are cruel when they find you tresspassing and dumping unknown amount of paper trash on their single greatest investment.

[240Knightrider]

here is my opinion

they already knew you all were coming so they could have prevented it by saying something, which they did not when they were given the chance.

When you did show up, running you down with a motor vehicle is assault also. (Assualt with a deadly weapon.) Even when you were thowing the TP no expression was made to get off and stay off the property. (its why cops are allowed to shoot someone trying to run them over).

The tire marks can be proven if still there by the width of your tires and the marks in the grass. If you havent washed your car lately, you might be able to prove it by no mud being under your car from tire splash. As for the Paintball seems like a 2nd offense by them of assualt, with what could be a deadly weapon, that wouldnt hold up I dont think the deadly part.

Id say go to the sheriff and talk to them, their pretty reasonable and should be.

YouOffense 1:Vandelism to property- could be bad must shouldnt be to bad for you.

ThemOffense 1: Assualt with a deadly weaponOffense 2: Assualt with Paintball gun (simple assault)Offense 3: Filing a falst police reportOffense 4: vandelism of property (your Car)Offense 4: Being stupid

Hope this helps.Ive been in Law Enforcement for 4 years, so know a little

[StrangeLove]

APC does not suck, you are just a shallow person that has clue what real music is...

As for the TP issue, After the first attempt I would of stopped trying because obiviously they didn't want their house TP'ed...

Take whats coming to you

[The Mic]

you were a cop 240Knightrider??

[Altiman94]

A paintball gun coudl most certainly be a deadly weapon. I happen to play paintball and a ball traveling at 300 fps hitting you in the right spot on the head could most certainly kill you.

[chmercer]

get a trash can full of water and food coloring and prop it up against their front door so when they open it it spills into the inside of their house.

[240Knightrider]

you were a cop 240Knightrider??

You can say that, Ive been on the street, but mainly Special ops, and stings is what ive done. I got bored, where I live the most common thing we get calls for is helping people who lock their keys in their car.

[driftaholic]

i agree with 240Knightrider.what they did is not justafiable considering what you did.

[240Knightrider]

A paintball gun coudl most certainly be a deadly weapon. I happen to play paintball and a ball traveling at 300 fps hitting you in the right spot on the head could most certainly kill you.

yeah, I know they can kill you. I am just not sure of the conviction of a paintball. If they would convict the guy of assualt with a deadly weapon or just assault.

[NY94J30]

Just a point of clarification:

Assault - the intentional causing of an apprehension of harmful or offensive contact

Battery - the intentional infliction of a harmful or offensive bodily contact.

[240Knightrider]

I thought thats what it was. Been a little while since ive done CDV cases. So the people would only get convicted of battery due to the fact they did not say anything.

[driftaholic]

saying something is verbal assault. another way to look at it is, assault is when you try to physically harm someone, assault and battery is when you succeed

[APCdude]

So, this afternoon my father and I drove over, called him up and said we'd like to go over and discuss the events and apologize, and he agreed. We stood outside, took pictures of the tire marks, he started venting, etc.

I don't have anything against the guy, and I know that what I was doing was illegal. Turns out that the TP wasnt his beef. The past couple of weekends, people have been joyriding in his front lawn. There are tire marks over the front to prove it. So, by me doing this small driveby, he now believes and claims that I was the person doing all of this offroading the past few weekends. My father knows I have not, and I really was not the one who did that, but the problem is that I cannot really prove it (he can't prove it either).

To add injury to this insult, he claims that 'I was heading too close to him, and that he jumped out of the way so that he wouldn't get hurt from the car. While doing so, he tripped over some landscaping, bruising his hip and scraping his arm.Now let me set this strait - I was no where closer that AT LEAST 10 feet away, going parallel with the road. From MY view, and the view of the guys in the car behind me, NOBODY MOVED. Instead, they stood perfectly still and took aim at my car.

They said they talked to the sheriff about the paintball, and the sheriff said that they could use deadly force if necessary to protect their property. HOWEVER - to 'protect' one's property, you have to feel threatened first, then react to the threat by asserting force. My father asked him if he felt threatened by me driving close, and the guy said ''No, I know that he would never intentionally try to hurt me". Therefore, his kid shooting at me would be in direct violation of this rule, meaning it WAS assault. Even more, they shot me as I was GOING AWAY AS FAST AS POSSIBLE. In the back right side. 7 shots. This also clearly must violate that rule because I was LEAVING, not entering the lawn.

I could be mixed up, however, and insight is much appreciated.

[240Knightrider]

there is nothing legal about shooting at someone in a City or County (county due to sheriff) just because your protecting your property. Maybe in the country but not there. Where I live its legal to kill someone in your house if they broke in or whatever but not if they are outside. I would get a lawyer if he wants to pursue it. You had other people there so you can get their statements on if you were not the one in the grass.

Also you should figure out where you where and what times and get peoples statements to counter act when this guy says people driving in his lawn happened.

You got nothing to worry about personally. Talk to a lawyer they should give you information for free if you call them about maybe getting a case with them.

Personally I wouldnt apologize to him mainly cause he filed a false police report on you, and lied to your dad. I would go with getting charged with vadelism and get them put in jail. they cant get a charge of battery takin of their record for a long time. You can get Vandelism takin of pretty quickly depending on programs in your area.

[XCrunner19420]

hmmmm, no advice really, sounds like you might come out of this even minus a few dents. Good story though.

[NY94J30]

I have to say this, you will not get good legal advice by posting on an internet forum, any forum. Some may share their experiences or some thoughts, but very few here understand the law, or how it works.

Take knightrider's advice. The only good legal advice ever : consult a lawyer when you have a legal problem. Period.