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SVTPerformance's Chain of Restaurants
Donut Shop
Neighbor doesn't like smoking - throws eggs at me
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<blockquote data-quote="mswaim" data-source="post: 2389621" data-attributes="member: 538"><p>Based on the scenario you describe, penal code section 240 would not apply, since it would be too difficult to prove his intent was to cause a "violent injury". The law is specific in that he must have the present ability coupled with intent. Now if he were throwing large rocks, you might have a case but it would be difficult to argue a case for a violent injury from a hand-tossed egg.</p><p></p><p>With that said, I would pursue a case under penal code section 594(a), basic vandalism. if the damage required repainting, stripping, etc. all costs involved go towards defining the level of severity, ie, felony vs misdemeanor and level of fine, restitution, etc.</p><p></p><p>I would insist that local authorities at least document the incident with a report, and they either accept your photos as evidence or demand (politely) that they take their own photos.</p><p></p><p>I would set up your camera to record further incidents and move forward with a three-prong attack, criminally, civilly as well as through your complex's management company, etc.</p><p></p><p>Good luck. :beer:</p></blockquote><p></p>
[QUOTE="mswaim, post: 2389621, member: 538"] Based on the scenario you describe, penal code section 240 would not apply, since it would be too difficult to prove his intent was to cause a "violent injury". The law is specific in that he must have the present ability coupled with intent. Now if he were throwing large rocks, you might have a case but it would be difficult to argue a case for a violent injury from a hand-tossed egg. With that said, I would pursue a case under penal code section 594(a), basic vandalism. if the damage required repainting, stripping, etc. all costs involved go towards defining the level of severity, ie, felony vs misdemeanor and level of fine, restitution, etc. I would insist that local authorities at least document the incident with a report, and they either accept your photos as evidence or demand (politely) that they take their own photos. I would set up your camera to record further incidents and move forward with a three-prong attack, criminally, civilly as well as through your complex's management company, etc. Good luck. :beer: [/QUOTE]
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Neighbor doesn't like smoking - throws eggs at me
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