(not mine)
this post was submitted on 27 Jun 2024
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could someone who knows more than me tell me if you could potentially cop an assault with a deadly weapon charge for that?
Plausibly, but unlikely. Criminals aren't always the sharpest tools in the shed, but not many of them are going to go to the cops and tell them about how the mean old neighbor got them with a BB gun while they were trying to steal a catalytic converter.
I'd honestly be a lot more worried about the thief directly retaliating.
you'd really have to be able to prove that's what they were doing.
They would have a harder time proving that you did it while not exposing themselves.
I mean unless you've got something other than the shooter's word, the guy can say he was just kneeling down to tie his shoes. or that he dropped something and it rolled under the vehicle
battery.
Nah they were trying to get the catalytic converter.
If you can prove they were committing a crime then the assault becomes their fault, because they caused the situation where they would be shot to happen. Something like that.