How can marital property being destroyed be considered a crime in one instant and not another?
the adulterous/hetero/homo wife is "visiting" a man and her husband finds her (he was going to tell her "you belong home with your children and me not here messing with this divorced co worker") (i personally know the couple and the man has never abused his wife... she on the other hand has hit him and left the children...) ... she sees him pull up and runs to the marital car she drove to the guys home in... her husband hollers to her and she violently backs out of the driveway ignoring the husbands voice, trying to run him over... he grabs the drivers partially down window to keep from falling and getting run over... the wife never stops and the window breaks under the weight of the husband and the motion of the car... she calls the cops says she is in danger of her life... cops arrest the husband and he is charged with criminal mischief (he is ordered to pay for damages to the auto window) and an order of protection is given in criminal court... Months later the husband with police go to his home so he can get his stuff...and it is found this woman has destroyed at least 10-15K worth of the husbands tools... an engine,... sand in the cylinders... and destroyed a huge tool chest... etc... the cop says no report can be made as the things are marital property...AND THAT THIS HAPPENS ALL THE TIME... How is it in one instance it is marital property and in the other it is criminal mischief? I am not interested in opinions or snide remarks i am only interested in how the courts and law consider accidental damage to a marital car window criminal mischief and the damage to several thousand dollars of marital and personal property is not considered criminal mischief... thank you
K-9 if you read the question you will see the auto is marital property even if it were registered in her name only she is married so the property, the auto is considered marital property...
the adulterous/hetero/homo wife is "visiting" a man and her husband finds her (he was going to tell her "you belong home with your children and me not here messing with this divorced co worker") (i personally know the couple and the man has never abused his wife... she on the other hand has hit him and left the children...) ... she sees him pull up and runs to the marital car she drove to the guys home in... her husband hollers to her and she violently backs out of the driveway ignoring the husbands voice, trying to run him over... he grabs the drivers partially down window to keep from falling and getting run over... the wife never stops and the window breaks under the weight of the husband and the motion of the car... she calls the cops says she is in danger of her life... cops arrest the husband and he is charged with criminal mischief (he is ordered to pay for damages to the auto window) and an order of protection is given in criminal court... Months later the husband with police go to his home so he can get his stuff...and it is found this woman has destroyed at least 10-15K worth of the husbands tools... an engine,... sand in the cylinders... and destroyed a huge tool chest... etc... the cop says no report can be made as the things are marital property...AND THAT THIS HAPPENS ALL THE TIME... How is it in one instance it is marital property and in the other it is criminal mischief? I am not interested in opinions or snide remarks i am only interested in how the courts and law consider accidental damage to a marital car window criminal mischief and the damage to several thousand dollars of marital and personal property is not considered criminal mischief... thank you
K-9 if you read the question you will see the auto is marital property even if it were registered in her name only she is married so the property, the auto is considered marital property...