Entering private property without permission to peer into windows and videotape constitutes criminal trespassing and potentially invasion of privacy (intrusion upon seclusion).
Verbally threatening, spitting on, and repeatedly striking the homeowner constitutes assault (for the threat) and battery or aggravated battery (for the physical strikes).
Criminal Charges could include:
Criminal Trespass: Willfully entering or remaining on private property without authorization.
Invasion of Privacy / Voyeurism: Peering into private windows or balconies where a reasonable expectation of privacy exists.
Assault: An intentional, unlawful threat to do violence coupled with the apparent ability to carry it out, creating a well-founded fear.
Battery: Intentionally touching, striking (including spitting on someone), or causing bodily harm against a person’s will.
Aggravated Battery / Felony Battery: Can be charged if the repeated strikes cause severe disfigurement, great bodily harm, or involve a deadly weapon.
When an outside contractor lies to law enforcement about a fake crime, they commit a false police report or giving false information to law enforcement. When they repeat those deliberate lies under oath in a courtroom, or in a written statement to the State Attorney, they commit perjury. If the HOA planned or directed this setup, they can face charges for conspiracy or obstruction of justice.
Criminal Charges for the Contractor:
Filing a False Police Report / Giving False Information: Lying to police about a crime that did not happen.
Perjury (Official Proceedings / Court): Making a false statement under oath during a court hearing or trial.
Fabricating Evidence: Creating or planting false facts to implicate an innocent person in a major felony like aggravated assault.
Criminal and Civil Liabilities for the HOA:
Criminal Conspiracy: If the HOA board hired the contractor with the specific intent to frame or fabricate charges against the homeowner.
Malicious Prosecution (Civil): Suing in civil court for damages caused by starting a baseless legal case without probable cause.
Defamation / Slander / Libel (Civil): Damaging the homeowner’s reputation through false statements of a serious criminal act.