Asked 12/29/2011
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I know someone who had a car repo'd and assaulted one of the people with the person's repossessing the car. And the person who was assaulted was only I know some in the state of mn who had a car repo'd. During this repossession the owner assaulted a 16 year old that was with the people doing the repo. What according to mn law should happen to this person? |
Answer 1/7 - Submitted 12/29/2011
The person should go to jail for assault and battery and depending whether the teenager was injured badly or just had a few bumps and bruises, the teen may have the right to sue the attacker for injuries and emotional pain and suffering.
Without knowing what injuries were done to the teen it's hard to say anything beyond just assault and battery charges. There are different degrees of assault. was the teen injured very badly? If so then a maximum of 20 years and/or a fine of $30,000 could be put on the attacker. If there was harm, but not incredible harm it could be a maximum of 5 years and/or a fine of $10,000.
The attacker could also make a deal with a DA to plead guilty in exchange for a lesser sentence or even probation.
Again, the extent of the injuries would go a long way toward us giving you an idea what will happen.
Answer 2/7 - Submitted 12/29/2011
Hi, meme1, and welcome to WebAnswers.
Generally, Minnesota has five degrees of assault. First, second, and third degree assault are felonies, and fourth and fifth degree, misdemeanors.
Under the scanty details provided, it would be difficult to provide a competent answer to your question, but this is likely a fifth degree case, which carries a sentence of up to 90 days in jail, and a fine of up to $500.
Further, it would be helpful to know what had transpired in the attempt to repossess the vehicle, as well as to better understand why a repossession agent brought along a 16-year-old in a potentially confrontational situation.
Thank you for your question.
Answer 3/7 - Submitted 12/30/2011
The guys went out to repo the car and the borrower got mad. He has a terrible temper. Convicted of assault twice before. He grabbed the 16 year old and rammed his head into the car door. At this point, the boy has a split lip, cuts, bruises. They left the premises and went back into town and reported the incident to the police. Thank God the ups lady was there as a witness along with the persons landlord. Not sure of any more extent of the boys injuries, The authorities were going to take him to the hospital.
Answer 4/7 - Submitted 12/30/2011
Answer 5/7 - Submitted 12/30/2011
Answer 6/7 - Submitted 12/30/2011
The repo company may be in trouble for hiring a 16 year old to repo cars if the 16 year old has anything to do with the tow truck, which I assume would use power driven machinery: http://www.doli.state.mn.us/ls/ProhibWork18.asp
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