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  1. #1
    dannyrjr is offline Junior Member
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    Jun 2009
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    texas
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    Assault/Injury to a Child

    What is the name of your state (only U.S. law)? Texas

    My 16 year old son was driving his truck when a passenger shot two pedestrians with a paint ball gun. One of the pedestrians was only 14.

    What could the charges be and what are the suggestions on how to handle these? Will the police release the name of the juvenile so that I may at least have my son apologize and offer to pay medical expenses? Or should I make no contact with the family?

    I am serverly distressed over my son's actions.

    Thank You
  2. #2
    CavemanLawyer is offline Senior Member
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    Sep 2007
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    1,167
    The charges for the person shooting the paintball gun could actually be aggravated assault with a deadly weapon. Paintball guns have been upheld by the courts as being a deadly weapon in texas because they are capable of causing "serious bodily injury" at close range or if they hit you in the eye. If you read the barrel of a paintball gun it actually says, "capable of causing serious bodily injury or death" which is the exact Tx. definition for a deadly weapon.

    As for your son who was driving, he could be charged as a party to the crime meaning he'd be charged with agg. assault with a deadly weapon also, but that is highly dependent on the facts. Basically he had to know that the person was going to be shooting or he had to assist during the act.

    I would not make any attempt to contact the victims. If your son is charged you should hire an attorney and let him/her find out how to pay restitution if there is any.
  3. #3
    dannyrjr is offline Junior Member
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    texas
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    Thanks for the information. I am looking into retaining a lawyer but hoping that this can be settled out of court.

    How long do they have to file the charges? Could I also assume that they could file a civil case?
  4. #4
    Some Random Guy is offline Senior Member
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    Feb 2005
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    3,897
    You are looking at both a criminal and civil case. The state has a long time to file charges. Depending on which charges are eventually filed, they may have two years or more to look into the case.

    A civil lawsuit would be likely if the child sustained an injury from the assault. In Texas they should have 2 years to file a lawsuit for this case. I do not know if that time will be extended because of the age of the victim. Expect a lawsuit to take a while since the victim's family will often want to get all of their hospital bills before coming up with damage figures.

    Have you notified your homeowner's insurance company? Some insurance will cover personal liability up to a certain limit. It will not cover intentional criminal acts, but if your son was unaware of his passengers actions, you might be able to get some legal help there.
  5. #5
    Isis1 is offline Senior Member
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    *bumping* for spam.

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