Legal Question in Criminal Law in California

If you want to do something legally, I assume you want the 12 year old to be prosecuted criminally. If that is what you mean, you need to contact the law enforcement agency in the jurisdiction that the event took place. You need to make a police report as soon as possible, and your 13 year old will need to remember all the facts surrounding the incident, and tell an officer what happened. From the facts you mentioned, you would be making a police report for an assault with a deadly weapon and a criminal threat. The officer may then take a statement from the 12 year old, and then speak to any possible witnessess of the event, if any, and come to some conclusion as to what he/she believes. If law enforcement, believes the crime or crimes were committed, they will cite the minor or take him into custody, depending on whether or not they feel he is a danger. The paperwork will be given to the prosecuting agency, who make the call on what, if anything, to actually charge the 12 year old with.. I hope that answers your question. I wish you well...David Wallin