Stealing,Assault and Destruction of property by a 14 year old boy

[djtko]

What is the name of your state? Virginia

I have a two 14 year old sons, one in my marriage, one outside my marriage. The one outside of my marriage was caught shoplifting recently. He put up a struggle from what I was told and now he has 3 charges against him.

1- unlawfully destroyed private property, valued at less than 1,000.00 in violation of section 18.2-137 of the 1950 code of virginia as amended.

2- unlawfully assault or assault and batter store personell in violation of section 2-57 of the 1950 code of Virginia as amended.

3- unlawfully and without authority on or about 12/2005 unlawfully conceal or take possession of merchandise, to wit: compact discs valued at approximately $50.00 in violation of section 18.2-103 of the 1950 code of Virginia as amended.

He was there with his brother also 14 years old and a family friend age 20. While the 20 year old was looking and about to pay for the items he had one of my 14 year old kids took the Cd and placed it on his person. While attemteing to leave the store the store personell came out and grabbed him.
He was taken to the back of store with a struggle and was placed in a choke hold and was choked while being choked he reached up and grabbed a personel of the store by the neck in an attempt to get his attention and alert him of what the other personel was doing to him.

What kind of advise and legal help can I obtain and what am I and my son up against?What is the name of your state?

 

[Ohiogal]

What is the name of your state? Virginia

I have a two 14 year old sons, one in my marriage, one outside my marriage. The one outside of my marriage was caught shoplifting recently. He put up a struggle from what I was told and now he has 3 charges against him.

1- unlawfully destroyed private property, valued at less than 1,000.00 in violation of section 18.2-137 of the 1950 code of virginia as amended.

2- unlawfully assault or assault and batter store personell in violation of section 2-57 of the 1950 code of Virginia as amended.

3- unlawfully and without authority on or about 12/2005 unlawfully conceal or take possession of merchandise, to wit: compact discs valued at approximately $50.00 in violation of section 18.2-103 of the 1950 code of Virginia as amended.

He was there with his brother also 14 years old and a family friend age 20. While the 20 year old was looking and about to pay for the items he had one of my 14 year old kids took the Cd and placed it on his person. While attemteing to leave the store the store personell came out and grabbed him.
He was taken to the back of store with a struggle and was placed in a choke hold and was choked while being choked he reached up and grabbed a personel of the store by the neck in an attempt to get his attention and alert him of what the other personel was doing to him.

What kind of advise and legal help can I obtain and what am I and my son up against?What is the name of your state?

There is more to the story. You weren't there. Seriously. You are believing your 14 year old who is only telling you what he wants you to know. What property did he destroy? One Cd is not $50 so what else did he take? How was your 14 year old made to take the cd and "place it on his person". Ummm... try the words, STOLE THE CD. Repeat after me -- he stole it. Or attempted to steal it. Don't sugarcoat it.

What are you up against? If you constantly try to downplay (as you have done in this posting) your son's actions, you are up against your son turning into a felon. You are looking at many more attempts by your son to get away with criminal activity. You are looking at paying for many attorneys in the future.

The store management had a right to detain him. Your son then assaulted them. They had a right to defend themselves. Your son is facing time and restitution. He will have a record. He will probably expect you to bail him out. You, if you do, can expect your son to learn nothing about consequences.

Here is a suggestion on what you should do:
1) Get your son an attorney.
2) Make said boy get a job and pay you back EVERY CENT that the attorney will cost you plus the restitution he will have to pay the store plus any costs associated with the store employee who could sue you in civil court for the battery.
3) Take away every piece of electronic equipment from your son. His room should have nothing more than his clothes, bed, and an alarm clock until said time as every dime he owes you from this is paid back.Do not allow him leisure until said money is paid back -- no dances, no fun, no nothing.
4) Make sure he understands that he is responsible for his actions -- and only HE is responsible. Quit letting him blame the 20 year old -- and don't you blame the 20 year old. And why was he hanging around with a 20 year old anyway?

Your son is facing a long hard road if he doesn't own up to his actions. He committed several crimes. And if you allow him to get away with these, expect to get more calls from the cops.

 

[Happy Trails]

From Virgina statutes:

§ 18.2-137. Injuring, etc., any property, monument, etc.

A. If any person unlawfully destroys, defaces, damages or removes without the intent to steal any property, real or personal, not his own, or breaks down, destroys, defaces, damages or removes without the intent to steal, any monument or memorial for war veterans described in § 15.2-1812, any monument erected for the purpose of marking the site of any engagement fought during the War between the States, or for the purpose of designating the boundaries of any city, town, tract of land, or any tree marked for that purpose, he shall be guilty of a Class 3 misdemeanor; provided that the court may, in its discretion, dismiss the charge if the locality or organization responsible for maintaining the injured property, monument, or memorial files a written affidavit with the court stating it has received full payment for the injury.

B. If any person intentionally causes such injury, he shall be guilty of (i) a Class 1 misdemeanor if the value of or damage to the property, memorial or monument is less than $1,000 or (ii) a Class 6 felony if the value of or damage to the property, memorial or monument is $1,000 or more. The amount of loss caused by the destruction, defacing, damage or removal of such property, memorial or monument may be established by proof of the fair market cost of repair or fair market replacement value. Upon conviction, the court may order that the defendant pay restitution.


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§ 18.2-57. Assault and battery.

A. Any person who commits a simple assault or assault and battery shall be guilty of a Class 1 misdemeanor...

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§ 18.2-103. Concealing or taking possession of merchandise; altering price tags; transferring goods from one container to another; counseling, etc., another in performance of such acts.

Whoever, without authority, with the intention of converting goods or merchandise to his own or another's use without having paid the full purchase price thereof, or of defrauding the owner of the value of the goods or merchandise, (i) willfully conceals or takes possession of the goods or merchandise of any store or other mercantile establishment, or (ii) alters the price tag or other price marking on such goods or merchandise, or transfers the goods from one container to another, or (iii) counsels, assists, aids or abets another in the performance of any of the above acts, when the value of the goods or merchandise involved in the offense is less than $200, shall be guilty of petit larceny and, when the value of the goods or merchandise involved in the offense is $200 or more, shall be guilty of grand larceny. The willful concealment of goods or merchandise of any store or other mercantile establishment, while still on the premises thereof, shall be prima facie evidence of an intent to convert and defraud the owner thereof out of the value of the goods or merchandise.

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§ 18.2-11. Punishment for conviction of misdemeanor.

The authorized punishments for conviction of a misdemeanor are:

(a) For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.

(b) For Class 2 misdemeanors, confinement in jail for not more than six months and a fine of not more than $1,000, either or both.

(c) For Class 3 misdemeanors, a fine of not more than $500.

(d) For Class 4 misdemeanors, a fine of not more than $250.

For a misdemeanor offense prohibiting proximity to children as described in subsection A of § 18.2-370.2, the sentencing court is authorized to impose the punishment set forth in subsection B of that section in addition to any other penalty provided by law.