I was assaulted, and 150 dollars of equipment damaged?

Question

Hello. I am a magician, and I recently was asked to do a performance at my school's Fashion Show.

After the performance, a group of eight kids pushed me down on the ground, and took my hat, and two canes. One cane was 20 dollars, and one cane was a wooden handmade cane.

One of the kids broke my wooden cane, and dropped it on the ground. I grabbed that, and chased after one of the kids with my other cane and hat.

The kid threw my cane on the ground, and stomped it (this was the plastic one, so it crumpled) and charged at me. I smacked him with my broken wooden cane numerous times, until he backed off me, and I could retrieve my hat.

Just as I was walking away, he grabbed a peice of the broken wooden cane, and knocked me over the head with it. I had to go to the hospital.

I was suspended from school for hitting the kid with the cane, but I believe action should be taken against the kids. Wasn't I using defense of property?

Some states have a Defense of Property law, where force can be used to protect belongings... according to WikiPedia.

Answer 1

It would be up to your parents to address with the school principal as to what they feel the fairness of the action is. Nearly all schools have a zero tolerance policy for violence/physical contact and both you and the kids that pushed you down and the kid that hit you should likely have equal suspensions from school.

It sounds like more of civil matter that your parents could pursue in Small Claims Court (although much is going to depend on the laws in the State where you reside and the ages of all parties involved) and damaged equipment; however, the parents of the kid that you "smacked" with the broken wooden cane could also countersue, and likely win, if they incurred any medical bills.

A better approach might be for your parents to contact the parents of the children that damaged your equipment, meet with them, discuss the matter and request reimbursement for the damaged items. If the parents care about their kids and want them to become responsible adults, they will punish their kids for their action, reimburse your parents for the items and make their own children "work" the amount off via chores around the house (sad thing is, some parents they may try to meet with just don't care and their children are acting out for attention as they feel even negative attention is better than none).

Answer 2

no one can use physical force in defense of property. and your were battered, not assaulted.

Answer 3

Well if you are a magician, you should make those kids disappear and that wold never happened. ;-)