My neighbor's autistic child has been throwing items into my yard for over 3 years. I tried speaking with them several times, they refused mediation or to do anything about the behavior. I am suing for nuisance behavior. Is this behavior also violation of California penal code 374.4 which states it is unlawful to litter upon public or private property?
Think about the reception you will get filing a criminal complaint against an autistic child. It's probably very aggrevating. The parents hopefully are doing the best they can, and if not, legal prosecution is not likely to help. Other attorneys may feel differently.
The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
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