Citable Offense

[DevilDawgJJ]

I'm looking for a PC that would warrant a ticket/arrest for touching another persons vehicle. Touching, would be defined by someone who pounds/bangs/slaps on the window, top, or side of said vehicle, without causing any damage.

Used in this context, person A is upset with person B. Person B is in a vehicle and person A touches persons B car, in the manor above.

Did this happen to me? Yes. Crazy people out there...

[tleeocinca]

Vandalism

If damage is less than $500, it's probably going to be a misdemeanor. If the damage is over $500, it can be charged as a felony, but doubtful.

[bohoki]

if the officer doesnt see any damage what can they report?

[tleeocinca]

If there is no damages and no witness, I'm afraid it would all be speculation and no charges will likely be given

[Pandanin]

Sounds like assault to me

240. An assault is an unlawful attempt, coupled with a present
ability, to commit a violent injury on the person of another. (emphasis added)

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=240-248

It does not meet the grounds for battery because there was no direct contact.

242. A battery is any willful and unlawful use of force or violence
upon the person of another.

[camaroguy2012]

You cant assault a vehicle, if their actions prevent you from leaving a case could be made for false imprisionment, also could get them for 415 disturbing the peace. Not much other then that if no vandalism

[Pandanin]

If you were in the vehicle would it not be assault against you?

"Person B is in a vehicle and person A touches persons B car, in the manor (sic) above"

What if Person A threw something at the car, say, a brick. Does the brick have to penetrate the window to pass the assault threshold? I don't know, that's why I'm asking.

[tleeocinca]

What it sounds like is road rage that back fired. Person A got courage, person B called bluff and got tough and now person A is trying to get even with the alpha male.

[RickD427]

If you were in the vehicle would it not be assault against you?

"Person B is in a vehicle and person A touches persons B car, in the manor (sic) above"

What if Person A threw something at the car, say, a brick. Does the brick have to penetrate the window to pass the assault threshold? I don't know, that's why I'm asking.

It depends on the circumstance. For an "Assault" you have to prove that the suspect was attempting to harm an occupant of the vehicle, not the vehicle itself.

There is a specific section that covers the throwing of objects at a vehicle (refer to CVC 23110). It's normally a misdemeanor, but if there was an intent to inflict great bodily injury, then it can be charged as a felony.

As for simply touching a vehicle, absent any damage, or intent to harm an occupant, is not a crime.

[TOM_ONE]

Were you intimidated? Felt threatened?

[mixicus]

Any verbal threats coupled with the action?

[DevilDawgJJ]

It depends on the circumstance. For an "Assault" you have to prove that the suspect was attempting to harm an occupant of the vehicle, not the vehicle itself.

There is a specific section that covers the throwing of objects at a vehicle (refer to CVC 23110). It's normally a misdemeanor, but if there was an intent to inflict great bodily injury, then it can be charged as a felony.

As for simply touching a vehicle, absent any damage, or intent to harm an occupant, is not a crime.

Rodger that, Rick!

Any verbal threats coupled with the action?

Just screaming and yelling....

[TOM_ONE]

Rodger that, Rick!



Just screaming and yelling....

If just general screaming and yelling...then correct, not a crime. If he threatened you, in any way verbally, then there would be.

[tleeocinca]

If just general screaming and yelling...then correct, not a crime. If he threatened you, in any way verbally, then there would be.

If there is not a witness, going to be tough to get a charge based on his word against the others

[RickD427]

If just general screaming and yelling...then correct, not a crime. If he threatened you, in any way verbally, then there would be.

Tom,

And just what crime do think there would be?

The fact is that most "Threats" are not crimes at all. The First Amendment protects a lot of speech that some might consider as threatening. You really have to show all of the elements contained in Penal Code section 422 (Criminal Threats) before the making of a threat is a crime. When you look at the elements, it's not as easy as it would seem.