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  #81  
Old 07-10-2018, 1:36 PM
CBR_rider CBR_rider is offline
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Quote:
Originally Posted by ΜΟΛΩΝ ΛΑΒΕ View Post
"The issue is not how far down the window was left, but whether the locked vehicle was entered by “illegally unlocking it [thereby] unlawfully altering the vehicle's locked state.”" (Italics added.)

The door was originally locked. The door was unlocked without the owner's consent. That is an entry.

I don't know the exact details, but I think an intent to commit a PC245(a)(4) or a PC422 is arguable. Maybe a felony PC594? I believe the car had already been punched.
Yes, you have an entry. An entry to do... what? An entry to commit theft would be impossible to prove it seems (and probably wasn't intended anyway).

Was it to commit a felony? Sure doesn't sound like it one bit. If there was a 422; it probably happened outside the car. A fistfight doesn't warrant a felony charge... and if it was an attempt at a felony assault by force that in and of itself is a felony and the officers could have made an arrest if they believed they had probable cause to do so.

The vandalism doesn't help turn the entry into "anything" because it was committed outside the car.
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  #82  
Old 07-10-2018, 1:56 PM
esy esy is offline
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So, again, it is not a vehicle burg. If we’re talking about charging the subject with an assault, or a battery, or an attempted battery, call it what it is.

An assault is a misdemeanor.

An attempted battery? Again, weak. Might as well charge it as an assault. Again, a misdemeanor. There were no punches, kicks, or headbutts, however, a simple battery is again a misdemeanor.

Felony battery gets into 245(a)(4) status. 245(a)(4) is now a wobbler. I’m not a lawyer. I’ve seen plenty of this and it simply won’t stick. To continue on is not having an intelligent discussion. What theft or felony was going to be committed by the subject that warrants a vehicle burg? There simply isn’t.

Put it this way, a robber is commonly additionally charged with PC 459 secondarily to the primary charge of PC 211 or even PC 664/211 (attempt robbery). DA’s will drop the 459 charge simply because it doesn’t make sense to have them both, the ability to prove the elements and specific intent of a 459 (even though you’d think it’d be easy), and the suspect doesn’t necessarily get any more or less time even if it is charged.
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  #83  
Old 07-12-2018, 7:56 AM
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Move out of CA. The state is a cesspool.
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  #84  
Old 07-12-2018, 8:15 AM
Chewy65 Chewy65 is online now
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What did the OP actually say and how did he say it when he rolled down the window and he says he asked what happened and if everything is alright.
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  #85  
Old 07-12-2018, 10:52 AM
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MrBlazito MrBlazito is offline
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Originally Posted by Chewy65 View Post
What did the OP actually say and how did he say it when he rolled down the window and he says he asked what happened and if everything is alright.
This is my thought as well. Right now we have one side of the story. It's hard to believe someone will just snap for no reason. Especially since the guy was walking by the car with a young child and only when OP said something is when the guy snapped.

By the way OP, were you driving an Audi R8?
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  #86  
Old 07-12-2018, 11:32 AM
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gaberaynes gaberaynes is offline
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I would look into this

Penal Code 273a can be charged against anyone (not just parents). Usually, the adult is someone who has a minor (a child under 18) in his or her care.

Specifically, child endangerment can be charged when an adult:

Causes or permits a minor to suffer unjustifiable physical pain or mental suffering,
Willfully causes or permits a minor to be injured, or
Willfully causes or permits a minor to be placed in a dangerous situation.

Your child you said was in the car kids can be traumatized by parents being attacked. Also you don’t know if after he was done with you if next your wife and or child was next.
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  #87  
Old 07-12-2018, 2:47 PM
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Originally Posted by ditchdrift View Post

the kid then turned around and yelled at me, stormed at my car, reached his hand in to unlock the door and entered my vehicle all while saying he was gonna start something and kick my ***.
Assault for starters. Not the kind of response I would want.. especially with a wife and baby with me.
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  #88  
Old 07-12-2018, 3:17 PM
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helping you goes against the commi narrative
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