My brother has been arrested and charged with verbal assault with a deadly weapon. He had went to his grandmothers looking for his father when he got into an altercation with his uncle. His uncle refused to let him in the house, even though it is not his house. He was doing drugs in the house and did not want witnesses. He pushed my brother out the door and slammed the door on his heel. My brother got mad, they argued, my brother said "i got something for you" and his uncle replied with "i have a gun too" His uncle called the cops and pressed charges. My brother was arrested the next day. The judge who signed the warrant for his arrest was his uncles coach in high school. My brother had no gun and had no attention to use one. He left and did not draw any weapons on his uncle, but uncle told cops he had a shotgun. The uncle pulled a box cutter out on him. There are no witnesses and the accusations are false. His bond was 10,000 and bail was 1,000. What are our chances and what do we need to do to get this thrown out.
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Shoplifting, Larceny, Robbery, Theft Verbal Assault
- Thread Starter lalap
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scareof3strikes
New Member
it could classify as terrorist threat. it is depend on the natural of a crime. in your situation your brother was wrong cause he doesnt belong there after your uncle told him to left. secondly threating is depend on the degree, if a 10 years kid threat a 30 year old man to beat him up. the d.a. wont pursuit if vice verce the the 30 years old man is going to jail. since it is just words exchange , the punishment isnt heavy. you need a lawyer and see what is written on the police report.
CdwJava
Moderator
What? "VERBAL assault" ... with a "deadly weapon"? How can words be a deadly weapon?
Okay ... I see where you clarified that is was "assault with intent to kill."
Sounds more like a charge involving criminal threats rather than ADW.
Depending on the laws in your unnamed state, the threat coupled with a belief by the victim that he had the capability of carrying out the threat could be sufficient to complete the crime.
You can help your brother pay for an attorney. Maybe the attorney can convince the DA that the case is weak. However, if your brother tried to force his way into the uncle's house, that won't play well.
Also understand that anything your brother tells you is NOT confidential. YOU can be called into court to testify against your brother. At this point, you should probably limit your involvement to helping him pay for an attorney. The attorney can read the reports and evaluate the strength of the state's case against him.
- Carl
scareof3strikes
New Member
since post 9/11 , they takes all threat serious but since now today we have President Obama and i hope the threw away all the b.s. laws and acts bush passed during the last 8 years. like cwdjaja said that if the threat likly to be carry out and they believe it the threat about to execute then they have a case. we dont forget something like sept 11,2001, school and colleges schooling. does your brother has any violences history that would lead the threat to carry out?
scareof3strikes
New Member
i want you read this article and it is related to your situation. I pray for your and your brother that you are not in california http://articles.latimes.com/2001/apr/26/local/me-55881
scareof3strikes
New Member
i never said the dude has hiis dog tag. i said they ( d.a.) must have the phyiscal evidence in present inorder to charge him for theft. all i said if there is not evidence than there is no case.
CdwJava
Moderator
The elements and penalty for criminal threats in most states likely has not changed one iota since 9/11.
And President Obama is going to have zero effect on state laws concerning verbal threats.
- Carl
CdwJava
Moderator
Note that PC 422 has always been a potential felony in CA, it has a bail amount exceeded only by attempted homicide in many jurisdictions.
And the case that you linked involved a defendant that threatened to kill a family for diming him off to the police, and a 45 year history of violent felonies. Not exactly your run of the mill threat case.
- Carl
CdwJava
Moderator
As a note, they can prosecute cases without physical evidence. The physical evidence helps, but it is not required before a prosecution can occur.
- Carl
CdwJava
Moderator
If the DA pursues the matter, they will each have their say in court. There's not much more that can be done until that time.
- Carl
- Carl
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