Legal Question in Personal Injury in California
Potato Cannon - Assault with deadly weapon?
Me and 3 other friends built a potato cannon. Two of my
friends decided they wanted to shoot it, me and my
other friend decided not to, so we backed off. The two
that shot it went into the street and tried to shoot their
bush, but missed, and hit the side of an oncoming
jeep. The jeep's frame was slightly dented. The man
did not call the cops, but keeps threatning to under
''assault with a deadly weapon''. NO harm was done to
him, only his jeep, and it was an accident. He is asking
for $800 for the repair of his jeep, and has mentioned at
least 4 times that he can still call the cops due to
''assault with a deadly weapon''. I have done my own
research, and have concluded that a potato cannon is
not considered a weapon by ATF, and that ''assault'' can
only be defined when damage is caused to a human.
Where do I stand on this issue?
3 Answers from Attorneys
Re: Potato Cannon - Assault with deadly weapon?
Your friends should probably agree to pay for repairs to his jeep and have him sign a release of claims form once the deal is struck to keep him from making this threat.
It's generally against the attorneys' professional code to use the threat of criminal charges in negotiations, but non-lawyers may not have the same restriction. As for the merits of any criminal charge, the facts would have to be reviewed.
Re: Potato Cannon - Assault with deadly weapon?
By representing that he will accuse you of a crime unless you give him money, he is attempting extortion, see CA Penal Code section 518.
Any agreement to not report the alleged crime would be unenforceable. The only valid agreement you can reach is for him to forebear a civil suit for damages.
All that being said, your best bet is probably to negotiate a fair dollar amount for the damages and to pay him WITHOUT admitting guilt.
I love potato guns. I've built about a dozen myself. Be careful with it!
Re: Potato Cannon - Assault with deadly weapon?
What the jeep owner is doing is out and out extortion and could get him into a lot of trouble. Point that out to him and that may make him back off.
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