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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27436
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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CAN I BE CHARGED WITH A ASSALT CHARGE FOR TELLING A TRESSPASSER

Resolved Question:

CAN I BE CHARGED WITH A ASSALT CHARGE FOR TELLING A TRESSPASSER , " I COULD KICK YOUR ASS " I DONT REALLY THINK I EVEN SAID IT BUT THAT IS WHAT THE POLICE SAID THE CHARGES WERE . MY PROPERTY IS CLEARLY POSTED NO TRESSPASSING AND GATED AS WELL .
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 7 years ago.
It looks like you can be charged with criminal threat

Yes, you can be charged with assault in Kansas for this:

21-3408: Assault. Assault is intentionally placing another person in reasonable apprehension of immediate bodily harm.

Assault is a class C person misdemeanor which would carry a possibility of up to 30 days in jail.

Please understand that being charged with a crime only requires an officer and the state to have probable cause -- a reasonable belief that a crime may have been committed and that you may have committed it. Getting a conviction is a whole different matter requiring proof beyond a reasonable doubt -- a much higher standard and a far more difficult burden for the state to meet.

I am relieved that they didn't also charge criminal threat, which is a felony in Kansas:
:

21-3419: Criminal threat. (a) A criminal threat is any threat to:

(1) Commit violence communicated with intent to terrorize another, or to cause the evacuation, lock down or disruption in regular, ongoing activities of any building, place of assembly or facility of transportation, or in reckless disregard of the risk of causing such terror or evacuation, lock down or disruption in regular, ongoing activities;

(b) A criminal threat is a severity level 9, person felony.

(c) As used in this section, "threat" includes any statement that one has committed any action described by subsection (a)(1) or (2).

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I think that nothing very serious will happen to you on this case. You certainly shouldn't be worried about jail under the circumstances you've mentioned, and even an offer of probation sounds like overkill to me. If the state were seriously concerned about you being a risk to the community, they'd have charged the felony.

All the same, you should have a lawyer. Maybe he can get this pitched altogether or, at worst bargain it down to something that won't give you a record.

___________

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your State for specific legal advice.



Customer: replied 7 years ago.
should i press criminal trespassing charges on the person along with a restraining order ?
Expert:  Zoey_ JD replied 7 years ago.
Hi,

If the state will let you do it now that you've already been charged, yes, you should absolutely press criminal trespassing charges and get a restraining order. Usually, that will make the case go away fast. The other lawyer will tell yours that his client will drop if you do.

___________

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your State for specific legal advice.




Customer: replied 7 years ago.
why would they not let me if the person was tresspassing , our property is gated and posted no tresspassing and he admitted that I told him he was tresspassing .
Expert:  Zoey_ JD replied 7 years ago.
Hello,

They may let you. Different states, however, have different laws of criminal procedure and different policies governing the conduct of prosecutors. In mine, once a person is already a defendant on a case, the DA will not allow the defendant to bring a cross-complaint. In fact, the DA is not allowed to talk to the defendant about the facts of the case at all, except through his lawyer.

If your state has a similar rule to mine, this doesn't mean you can't use the trespassing to make out a defense for yourself. Of course you can! It does mean, however, that you couldn't get him charged with the crime of trespass while your matter is pending.

___________

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your State for specific legal advice.





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