juveniles and vandalism

[bwill040]

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

What are my legal rights to protect myself and my home. I have had my car vandalized and just tonight some kids threw bricks through my window of my home. Do I have the right to shoot the kid if he's throwing bricks at my home?

I have filed police reports for both cases. I was able to get a description of one of the vandals. He was about 15/16 years old.

I am at my wits end and thinking about buying a hand gun. This is turning into down right harassment.

 

[Aunt♥Bunny]

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

What are my legal rights to protect myself and my home. I have had my car vandalized and just tonight some kids threw bricks through my window of my home. Do I have the right to shoot the kid if he's throwing bricks at my home?

I have filed police reports for both cases. I was able to get a description of one of the vandals. He was about 15/16 years old.

I am at my wits end and thinking about buying a hand gun. This is turning into down right harassment.

You must be insane. I think some good hearty anger management classes would be a better investment than buying a gun. Using a gun will land you in prison.

 

[StevenJ_420Law]

I would hope Shooting children is frowned upon, even in virginia.

 

[CdwJava]

Security systems, cameras, a very large and loud dog, and maybe an effective neighborhood watch would be far better than chasing some teens around with a gun.

You can use REASONABLE force to protect your property. A jury might find it difficult to believe that shooting some kid vandalizing your window is "reasonable." But, after a TX Grand Jury failed to indict a neighbor who gunned down to fleeing thieves who posed no perceptible risk, I am not going to say it wouldn't happen in VA.

 

[dlw99]

Hopefully you've calmed down since the brick incident.

Buying a gun is fine. Using it on kids outside your home is not.

Start shopping for some infrared cameras and a DVR that records 24/7. It might seem like an expensive solution, but it's cheaper than the cost of defending yourself against murder charges.

 

[Just Blue]

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

What are my legal rights to protect myself and my home. I have had my car vandalized and just tonight some kids threw bricks through my window of my home. Do I have the right to shoot the kid if he's throwing bricks at my home?

I have filed police reports for both cases. I was able to get a description of one of the vandals. He was about 15/16 years old.

I am at my wits end and thinking about buying a hand gun. This is turning into down right harassment.

You would kill a child over a broken window?

 

[stealth2]

I think OP should collect the bricks, hide in the shrubbery and lob them back at the kid. hehehehe

 

[cyjeff]

I was actually going to suggest, instead, a meeting of the book club.

have it in your front yard... have the grill out there. Sit in your lawn chairs and talk about the "sisterhood of the traveling pants" or something.

Have a few burgers and a bottle of wine.

Take your camcorder... if anyone tries anything, film it.

If you can, invite the parents of the vandals to the book club.

 

[Drewk188]

I would reccomend chasing them down and knocking a little sense into them if you know what I mean. Well I wouldn't reccomend it because the times have changed, everyone is sue-happy now... anyway's kids vandalizing other peoples property really makes me furious. Im sorry for your situation. Cameras would be a good idea. Book club, im not so sure haha.

 

[CdwJava]

It is never a good idea to chase someone down and knock some sense into them. It might feel good, but the laws tend to frown on that sort of activity. Especially if it is an adult thumping a kid - even if the kid is acting like a punk

 

[stealth2]

I would reccomend chasing them down and knocking a little sense into them if you know what I mean. Well I wouldn't reccomend it because the times have changed, everyone is sue-happy now... anyway's kids vandalizing other peoples property really makes me furious. Im sorry for your situation. Cameras would be a good idea. Book club, im not so sure haha.

As a 17yo with your own legal issues, it might make more sense for you to sit down, be quiet and focus than to try and advise adults.

 

[HighwayMan]

Just keep in mind that deadly physical force cannot ever be used in defense of property. As stated by others, there are ways to deal with the problem that are legal.

 

[CdwJava]

Just keep in mind that deadly physical force cannot ever be used in defense of property. As stated by others, there are ways to deal with the problem that are legal.

That depends on the state ... I understand that in some states one could use deadly force for such a situation, and recent cases seem to bear that out.

I think the standard is generally going to be one of REASONABLE force. Shooting someone who just broke your window is not likely to be "reasonable" ... but, ya never know.

 

[HighwayMan]

Sorry, I let my New York state of mind take over again. But I can't say I can imagine a case where deadly force is justified in defense of property alone.

 

[You Are Guilty]

Whenever there is a question as to where it's legal to shoot stuff, your first thought should always be... Texas! Case in point (kids and rocks again, hmm): http://www.associatedcontent.com/article/852831/deadly_force_and_self_defense_to_protect.html?cat=17

And a quick search turns this up as well:

A person is justified in using deadly force against another to protect his property to the degree he reasonably believes the force is immediately necessary to prevent the other's imminent commission of arson, burglary, robbery, theft during the nighttime or criminal mischief during the nighttime, and he reasonably believes that the property cannot be protected by any other means.

A person is justified in using deadly force against another to prevent the other who is fleeing after committing burglary, robbery, or theft during the nighttime, from escaping with the property and he reasonable believes that the property cannot be recovered by any other means; or, the use of force other than deadly force to protect or recover the property would expose him or another to a substantial risk of death or serious bodily injury. (Nighttime is defined as the period 30 minutes after sunset until 30 minutes before sunrise.)

No idea how accurate it is though.