Tresspasser Got Broken Jaw

[daniellegreenlee]

My question involves criminal law for the state of: trespassing my mothers neighbor threatened to kick my husbands a.... and came on to my mom and dads property grabbed my husbands arms in a rude manor and my husband shook his hands off his arm and hit him in the jaw! Copes were called, nobody went to jail. now 2 months later they are summoning my husband for charges of class c misdemenor battery with bodily injury. what can we do to follow up on tresspassing and the neighbor touching my husband first? and by the way the neighbor got a broken jaw with 1 punch and they were separated.

[cyjeff]

what state is "trespassing"?

We ask that question for a reason.

[daniellegreenlee]

This happened in the state of indiana... the tresspasser got battery so far but is there ANYTHING MY PARENTS CAN DO AS FAR AS TRESSPASSING AND COMMITING BATTERY?

[cdwjava]

This happened in the state of indiana... the tresspasser got battery so far but is there ANYTHING MY PARENTS CAN DO AS FAR AS TRESSPASSING AND COMMITING BATTERY?

If your parents reported the violations the first time around, there may not be much more they can do. They can certainly raise the issue as part of any defense.

As a note, trespassing generally requires more than merely crossing onto the property. It often requires that a person fail to leave after being told to leave, so trespassing may not be an issue here.

As for the battery, it may be that your father was seen as the aggressor here for whatever reason.

At this point dad should consult an attorney for assistance on how best to proceed.

[daniellegreenlee]

well there is a no tresspassing sign and says private drive about 4 or 5 feet from where it occured. Even if my dad didnt tell him to leave property that isnt enough?

[davidmcbeth3]

I'll assume that the person was a trespasser .... then I would not see an issue with a broken jaw , via civil or criminal court.

But then, a criminal trial is upcoming ... sounds like a motion to dismiss may be in order

[cdwjava]

well there is a no tresspassing sign and says private drive about 4 or 5 feet from where it occured. Even if my dad didnt tell him to leave property that isnt enough?

It might be ... but, it might not be. A lot will depend on why he was on the property and whether that will have constituted a legitimate reason to be there.

I am not from your state, so I cannot say what might be required to constitute trespassing. But, it is clear that either the police did not send a report for that violation to the DA or the DA chose not to file those charges against the other guy.

As I said, your father should consult legal counsel.

[daniellegreenlee]

Thanks for your thoughts on this! Have a great weekend!