Sacramento, CA asked in Small Claims and Criminal Law for California

Q: 2 boys about 10 and 13, were shooting my family and house. I hit one can i go to jail, im 15

Long story short, the 2 boys shot my brother and I, almost shot my sisters (the youngest of us) broke a window, stole a skateboard and snapped it. After that i chased the older one on my bike about 30 ft stopped him, pulled him off my bike and slapped him. After that I smashed it on the ground and left. Then the younger one comes back asking about the bb gun with a bat, and an older girl about my age and tried to steal a 20ft metal pipe. The the cip came by and they ran. I talked to them (but they didnt catch the whole thing) and said we should just file a report, which we plan on doing. My dad wasn't there at the time, so it was just us 4 and the neighbor kid. We want them to pay for the window, and my grandma said i could go to jail. Is this true and how should we go about getting the window fixed? Please email me at. aidanstowbunenko25@gmail.com

As I dont have an account on here thank you.

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3 Lawyer Answers
William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: Perhaps. You have the right to use reasonable, proportional force to defend yourself and your property. Penal Code section 198.5.

At the time you struck the boy, you were not engaged in self-defense. He was fleeing and you chased him down. You were meting out punishment. Whether there is sufficient evidence of that, or whether the victim even made a police report is unknown.

William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: Stop posting on social media and don't talk to the cops about that portion of the incident.

William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: If this was pursued, you would not go to jail because you are a minor. You would be sent to a juvenile hall. However, if the prosecuting attorney concluded that the offense allegedly committed was an assault by means of force likely to produce great bodily injury. (Welfare & Institutions Code section 707(b)). In that event, the Court might allow the prosecuting attorney to prosecute you as an adult and, if found guilty, you could go to jail.

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