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  1. #1

    Default Recovering Property from Thieves as a Defense to a Battery Charge

    My question involves criminal law for the state of: KS

    Without going into length, I had a piece of personal property stolen. Then made a police report. A couple days later we found the property laying in a commons area of an apartment complex. Soon after finding it the now charged thieves attempted to take the property from me. One of them was scratched during their attempts to take my property from me. I was arrested on simple battery.

    I know in KS, there are certain rights to maintain ownership of personal property but I cannot find the definitions of "rightful repossession" but there is a legal book titled "torts and personal injury law" that seems to indicate there may be some statutes on the books?

  2. #2
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    Default Duplicate post

    Jeez - you've got three pages on this discussion already. No need to start a new thread. Go back to the old one if you need more discussion. Thank you. This one will be deleted by the moderators.

    http://www.expertlaw.com/forums/showthread.php?t=192209

  3. #3
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    Default Re: Recovering Property from Thieves as a Defense to a Battery Charge

    Quote Quoting fastline
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    Without going into length, I had a piece of personal property stolen. Then made a police report. A couple days later we found the property laying in a commons area of an apartment complex. Soon after finding it the now charged thieves attempted to take the property from me. One of them was scratched during their attempts to take my property from me. I was arrested on simple battery.
    If this is the same case we've already discussed, the answer hasn't changed.
    Quote Quoting Taxing Matters
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    Going there yourself and trying to take a bike that you suspected but had not verified was your son’s bike and from someone whom you did not know was thief (assuming it was your son’s bike) was a very bad choice. Chasing the kid and grabbing the bike was even worse. And getting into a physical confrontation (if that is what occurred) with the mother over it and threatening (by implication) to shoot the kid if he drew the knife was way beyond what should have happened over a suspected stolen bike. If you know all the cops in that town, why didn’t you simply ask them to check out the bike? Surely they would have gone and looked for you, right? That is what you should have done. No bike is worth what happened here. You now face battery charges and unless you can convince the prosecutor or jury that you acted in self-defense or the the physical confrontation never happened at all you may well be convicted on it. I strongly suggest you hire a criminal defense lawyer to represent you on this for your best chance to minimize the impact of this on you. It’s going to cost you a lot more than what it would have cost to replace that bike. Indeed, that stolen bike might have even been covered by your homeowner or renter’s insurance.
    Quote Quoting fastline
    I know in KS, there are certain rights to maintain ownership of personal property but I cannot find the definitions of "rightful repossession" but there is a legal book titled "torts and personal injury law" that seems to indicate there may be some statutes on the books?
    There is no law that gives you a right to batter somebody merely because you think that they stole something of yours, or don't want to give it back. You're also not going to find any such right in a torts textbook -- torts are civil wrongs, whereas you're charged with a crime, so you would need to be looking for defenses in criminal law treatises, not torts treatises.

  4. #4

    Default Re: Recovering Property from Thieves as a Defense to a Battery Charge

    whoops! My ignorance with the civil side.

    I am out.

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