Criminal Mischief Charge for Throwing Keys

My question involves criminal law for the state of: Alabama

I was in an altercation with someone. I went to their car window to tell them not to come on my property again. The got out of their car and shoved me. I told them the police were on the way, I had called them already, and they should wait in their car for the police. They got back into their car and took off. They hit me with the car and ran over my foot breaking one toe. I had my keys in my hand and threw them hitting the back of their car. The police arrived just as they were turning onto the highway.

I filed charges against them for harassment and they filed charges against me for criminal mischief.
We both have trial set for the same exact time, I guess it is going to be a combo trial.

I gave a statement to exactly as it happened, as above. How can they charge me with something that was done out of pain, I was not trying to hit their car I just threw my keys.

I talked to an attorney and he said it does not look good for me because I admitted to throwing my keys.

I have two witnesses to back up my story.


Any advice would be helpful. I am worried my attorney is not going to give my case any thought until he shows up at the courthouse.

Intent to cause damage often isn't an element of the crime - if there was intent to do the action that caused the damage (ie to throw), that's likely enough to meet the charge. If the car was headed away from you at the time, that negates any claim of "self defense". (If you'd have thrown the keys as the car was coming AT you, that could be a totally different story - but as a retalitory act, you can usually expect to be charged).

Here is the exact law they say I broke.

Section 13A-7-23 - Criminal mischief in the third degree.

(a) A person commits the crime of criminal mischief in the third degree if, with intent to damage property, and having no right to do so or any reasonable ground to believe that he or she has such a right, he or she inflicts damages to property in an amount not exceeding five hundred dollars ($500).

(b) Criminal mischief in the third degree is a Class B misdemeanor.
(Acts 1977, No. 607, p. 812, §2707; Act 2003-355, p. 962, §1.)

They never read me my miranda rights and I did not say I threw the keys until they said I would be charged if I proceeded with my charges. The other side said they would drop the charges if I dropped mine. I should have just kept my mouth shut about the keys, honesty is a dumb play sometimes.

Also the other person being charged did discovery on the case and then showed the police reports to one of the witnesses.

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Quoting 6273909

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Here is the exact law they say I broke.

Section 13A-7-23 - Criminal mischief in the third degree.

(a) A person commits the crime of criminal mischief in the third degree if, with intent to damage property, and having no right to do so or any reasonable ground to believe that he or she has such a right, he or she inflicts damages to property in an amount not exceeding five hundred dollars ($500).

(b) Criminal mischief in the third degree is a Class B misdemeanor.
(Acts 1977, No. 607, p. 812, §2707; Act 2003-355, p. 962, §1.)

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Ok, so you intended to throw the keys. Unless you're going to argue that you expected someone in a car driving away from you to catch them, what else could a jury possibly believe OTHER than your intent was to damage the car? Keys. Car. Keys thrown at car. If keys hit car....??? Exactly what legal right did you have to throw the keys? Self defense is already out. If there's some other legal theory, we'd be happy to evaluate it.

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They never read me my miranda rights

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Miranda isn't necessary unless you are subject to custodial interrogation AND the state wants to use your statements given during that questioning against you in court. 99% of all arrests don't require Miranda, it just sounds cool on TV.

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and I did not say I threw the keys until they said I would be charged if I proceeded with my charges. The other side said they would drop the charges if I dropped mine. I should have just kept my mouth shut about the keys, honesty is a dumb play sometimes.

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Sometimes, yes. However, just because police file the charge, that doesn't obligate the prosecutor's office to pick it up. It's entirely possible given that one charge could potentially be aggrevated battery with a motor vehicle, and the other a criminal mischief, that the state could pick up the higher one and drop the lower one.

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Also the other person being charged did discovery on the case and then showed the police reports to one of the witnesses.

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Is the other person functioning as their own counsel?

I am not sure why they decided to prosecute. Here if you sign a warrant against anyone they will arrest them.

I didn’t throw the keys trying to hit the car. I threw the keys because I had my foot ran over by an SUV and I just threw them. I hope that holds up.

The statement I made to police was separate oral statement at the police station and they gave that information to the other side and they are using it to influence a witness’s statement.

There was no reason to give them that statement other than so they could use it against me outside of court. It had no bearing on them shoving me or running over my foot that they are charged with.

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Quoting 6273909

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I am not sure why they decided to prosecute. Here if you sign a warrant against anyone they will arrest them.

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In some states citizen arrests are quite common, wherein a person presses charges (in most situations police make an arrest based on their own probable cause, not on a person's desire to press charges). So yes, in states that make it easy for citizen arrests to occur, police will make the arrest on behalf of the person bringing the charge. That still doesn't mean the prosecution will agree that a case will be pursued.

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I didn’t throw the keys trying to hit the car. I threw the keys because I had my foot ran over by an SUV and I just threw them. I hope that holds up.

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The problem isn't the throwing, it's the throwing AT. You didn't throw them on the ground, or straight up in the sky, or behind you. Of 365 degrees of possibility, if they went towards the car, how could a jury belive it was NOT "at" the car?

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The statement I made to police was separate oral statement at the police station and they gave that information to the other side and they are using it to influence a witness’s statement.

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Then you contact the prosecutor's office and tell them you believe there is witness tampering occurring and let them check into it.

I wrote a letter and dropped it off at my attorney's office asking him to contact the court about it.

I appreciate the free help I received here as it is very expensive to call my attorney to discuss my concerns. All he tells me is "I am taking care of it, don't worry." I still worry.


I wish we could have gotten a jury trial, but they won't do them if they are only going to give a fine. They said my maximum fine including court costs would be $300 plus restitution. The magistrate offered to drop the charges if I dropped the charges on the other party and paid to have the ding fixed. He said their car insurance would cover my medical bills. That sounded like blackmail to me.

The judge recused himself from the case. I am not sure why. I know him, very small town, but we are not friends and the other party lives 30 miles away in another city and county so I am almost sure he doesn't know them either.

Thanks,
AC

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Quoting 6273909

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I wish we could have gotten a jury trial, but they won't do them if they are only going to give a fine. They said my maximum fine including court costs would be $300 plus restitution. The magistrate offered to drop the charges if I dropped the charges on the other party and paid to have the ding fixed. He said their car insurance would cover my medical bills. That sounded like blackmail to me.

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that is called attempting to negotiate a resolution that would benefit both parties.


throwing something is not a natural reaction to having your foot run over. It is a reaction to being angry because your foot got run over but it is an intentional action. Dropping what is in your hand could be seen as a natural reaction. Pushing against the car would be a natural reaction. Trying to get your foot from under the vehicle would be a very common natural reaction.

Throwing something at a car is not a natural reaction, especially since you hit the back of their car. That would mean you did not merely throw the keys but you threw them at their car specifically.

the worst thing is: you have been offered to resolve this without being charged with a criminal act. Chances are great that you will be found guilty and will have to pay restitution. While there is a high probability the other guy will be liable for your medical bills, unless his act is seen as intentional, which apparently is not the case, his insurance will still pay for your injuries.

So, you have by refusing to accept the deal put forth, most likely be required to pay the same thing you would have in the deal plus you will have added attorney fees plus court costs and you will end up with a criminal record.

Doesn't sound like the best choice to me.

Hindsight is 20/20 :wallbang:

They called him running over my foot reckless, not intentional.

He is charged with Harassment. They may have uped the charge or added one but I haven't received conformation of that.

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1. HARASSMENT.- A person commits the crime of harassment if, with intent to harass, annoy, or alarm another person, he or she either:
1. Strikes, shoves, kicks, or otherwise touches a person or subjects him or her to physical contact.
2. Directs abusive or obscene language or makes an obscene gesture towards another person.
2. For purposes of this section, harassment shall include a threat, verbal or nonverbal, made with the intent to carry out the threat, that would cause a reasonable person who is the target of the threat to fear for his or her safety.
3. Harassment is a Class C misdemeanor.

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I am charged with criminal mischief and not by him but by his wife who ownes the car.


Apparently he has nothing in his name except a cell phone, everything else, house, cars, etc, are all in his wife's name.

He has a prior conviction for Harassment, unrelated woman he lived between marriages, and currently has a restraining order against by his first wife even though they have been divorced for many yeas and he has a child with his current wife.

My record is clean, so far. :(


This thing is flying by. Less than one month form incident to trial!

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Quoting jk

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most likely be required to pay the same thing you would have in the deal plus you will have added attorney fees plus court costs and you will end up with a criminal record.

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jk you were absolutely correct. Before court Our attorney spoke with their attorney asking everyone walk away and each cover their own damages/injuries. Their side said no and into court we went.
Our attorney spoke with the prosecutor about them tampering with a witness, they never called that witness. I don't know if they even asked the witness about the "tampering."
We both lost; $300 in court costs and restitution to each other. Our attorney charged us $250, We get about $500 more than he gets to fix his car so we are out $50 total because our insurance paid 100% of the hospital bill.

My first trip to court and it sucked.

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Quoting 6273909

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My first trip to court and it sucked.

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it could have been worse. Consider it a relatively cheap lesson.