Legal Question in Criminal Law in Michigan
There is a group of kids (14-17 years old) that ride their bikes through my yard to get to a trail (connected to my yard) that connects two subdivisions. While going through this trail, the kids yell rude insults to my brothers when they are outside, even making fun of my little brother for being a lousy basketball player (although in much more insulting words) and causing him to stop playing in our driveway. One of these kids started threatening one of my brothers, saying he was going to "kick your fucking ass" to him. I stepped in and told him to fuck off (sorry for the profanity, but its what was said), if he ever came onto my property I'd take my legal right to kick his ass off, and that if he ever talked shit to my brothers again I'd kick his ass. I'm 17 years old, and this particular kid is 15 years old. If he continues to come onto my property, destroying the grass as he rides, and insulting my brothers, am I allowed to use physical force to remove him?
Also, after saying this to him that kid stopped the threats. However, one of the other kids sent me a message on facebook threatening to "beat my ass until I wish I where deade (yes, he spelled it like that), then leave me facedown on the pavement so I could meet the heel of his timbos." This kid is on house arrest, and 16-17 years old. My second/third question is, can he get in further legal trouble for this threat? And, considering that this threat was made, if I encounter him threatening me further, am I allowed to take physical action (before he does) in order to ensure my own safety?
Thanks!
2 Answers from Attorneys
Your plans are horribly wrong. You can never take physical force against someone expect in self defense or actual defense of others. You will certainly find yourself arrested if you do these things. If you need a PPO because you fear for your safety, that is proper, but assaulting someone never is. kliszlaw.com Tim Klisz
Keep your hands in your pocket, kid!
......... But wait, you're not a kid anymore.
You are an ADULT for all criminal purposes and assaultive crimes on your record pretty much guarantees that you will have a pretty bleak future job-wise.
Another's bad conduct is not a valid defense to the crimes you have in mind.
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