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  • what you all think about this.....

    here is what happen....

    male #1 got into an agruement with male #2. male#2 got mad and walked out of the apt. with a golf club and threw it at male#1's vehicle, causing damages, but the golf club bounce off male#1 vehicle and damaged an vehicle that was parked next to male#1 vehicle.

    male#2 stated he only intend to damage male#1 vehicle and the other damage vehicle was an accident.

    I got statement from owners of both damaged vehicle, both wanted to prosecute.

    I arrested male#2 with criminal mis-chief for both vehicle(2 counts).

    and I got scolding by my fearless leader....saying that the 2nd vehicle was not a crime but just an accident/property damage because he did not intend to damage the 2nd vehicle. ( even it was parked right next to the intended vehicle)

    what you guys think?

  • #2
    Good question. I never ran into anything like that. The closest thing we have in my state deals with acts if physical violence. Let's assume you intended to unlawfully assault party A by striking him. He ducks and you inadvertently hit Party B, who you never had any intent of harming. In my state, something called "transferred intent" comes into play and you are guilty of assaulting Party B, even if you hit him by accident. My gut feeling is that the same thing would apply here. The other guy's car was damaged as a direct result of your arrestee committing an act of vandalism on someone else - the intent is just transferred. I wouldn't have any heartburn over the second charge.

    However, whether you and I are wrong is really meaningless. Your PC for the initial vandalism arrest sounds good and that's all that counts. The second vandalism charge is just icing on the cake. Whether or not it gets filed on is up to your local prosecutor. I am surprised you boss would have a problem over a minor secondary charging issue when the initial arrest was good.
    Going too far is half the pleasure of not getting anywhere

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    • #3
      The second vehicle was incidental and not intentional, so it's likely that the charges on that vehicle will be dropped. But you still had valid PC for the first vehicle so it's kind of irrelevant. The guy goes to jail either way.
      "People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf." - George Orwell

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      • #4
        Thanks for the replies and yes the first charge was valid. I just want to understand for future reference.....and if what i am hearing is correct...one can never be charge/convict of criminal mis-chief/vandalism if the suspect stated he did not mean to do it and said it was an accident...is that right?

        for example
        " officer, I am so sorry, I meant to break the window of the honda because the owner ****ed me off and I wanted to steal his radio so i threw a rock aiming at the honda but i have such a bad aim and i hit a nissan parked next to it instead..so sorry" The owner of the nissan come out and demanded the person be criminaly be prosecuted i tell him/her..sorry you are not a victim of a crime it just an accident..its a civil matter...is that sounds right?

        I based my arrest/charge on the fact that he intended to cause damage when he threw the golf club and one would know that if one threw the golf club at a vehicle that more than likely it will bounce off and hit a vehicle that is parked next to it....

        Comment


        • #5
          Originally posted by Kosta View Post
          here is what happen....

          male #1 got into an agruement with male #2. male#2 got mad and walked out of the apt. with a golf club and threw it at male#1's vehicle, causing damages, but the golf club bounce off male#1 vehicle and damaged an vehicle that was parked next to male#1 vehicle.

          male#2 stated he only intend to damage male#1 vehicle and the other damage vehicle was an accident.

          I got statement from owners of both damaged vehicle, both wanted to prosecute.

          I arrested male#2 with criminal mis-chief for both vehicle(2 counts).

          and I got scolding by my fearless leader....saying that the 2nd vehicle was not a crime but just an accident/property damage because he did not intend to damage the 2nd vehicle. ( even it was parked right next to the intended vehicle)

          what you guys think?
          12.4 CRIMINAL MISCHIEF
          § 806.13, Fla.Stat.

          To prove the crime of Criminal Mischief, the State must prove the following three elements beyond a reasonable doubt:

          1. (Defendant) injured or damaged (copy from charge).

          2. The property injured or damaged belonged to (person alleged).

          3. The injury or damage was done willfully and maliciously.

          Give if applicable.
          Among the means by which property can be injured or damaged under the law is the placement of graffiti on it or other acts of vandalism to it.

          Definitions
          "Willfully" means intentionally, knowingly, and purposely.

          "Maliciously" means wrongfully, intentionally, without legal justification or excuse, and with the knowledge that injury or damage will or may be caused to another person or the property of another person.

          I would have done the same thing as you. The damage to Vehicle 2 was still damaged during the commision of the crime right?
          Last edited by JPGT_00; 09-11-2008, 12:24 PM.

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          • #6
            Originally posted by lawdog1971 View Post
            The second vehicle was incidental and not intentional, so it's likely that the charges on that vehicle will be dropped. But you still had valid PC for the first vehicle so it's kind of irrelevant. The guy goes to jail either way.
            I agree 100%!

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            • #7
              different states...

              We have it built in here in NYS.

              S 145.00 Criminal mischief in the fourth degree.
              A person is guilty of criminal mischief in the fourth degree when,
              having no right to do so nor any reasonable ground to believe that he
              has such right, he:
              1. Intentionally damages property of another person; or
              2. Intentionally particpates in the destruction of an abandoned
              building as defined in section one thousand nine hundred seventy-one-a
              of the real property actions and proceedings law; or
              3. Recklessly damages property of another person in an amount
              exceeding two hundred fifty dollars.
              Criminal mischief in the fourth degree is a class A misdemeanor.

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              • #8
                I would have charged him with two counts also. If Joe Smith shoots his neighbor and kills him and the bullet passes through and kills another he gets charged with two counts of murder. Same theory.

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                • #9
                  Originally posted by Pete12 View Post
                  I would have charged him with two counts also. If Joe Smith shoots his neighbor and kills him and the bullet passes through and kills another he gets charged with two counts of murder. Same theory.
                  what you said there is Transferred intent and it only applied to homicide cases and battery cases..not vandalism/property damage. that is what the SAO told me...I still disagree. it does not sound right to me.

                  Comment

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