Legal Question in Criminal Law in California

Re: please help

It is important to get an attorney on the case early, because sometimes the evidence available to clear him will be lost. If you have questions about his charges, what to do, or want to know what it would take to get him a private lawyer, you can call me for a free consultation. I'm listed on this site.

Re: please help

Your brother needs a lawyer right away. If he can't afford one, a public defender will be appointed to represent him.

Your brother could be facing any number of charges, including assault with a deadly weapon and attempted murder. He may also face various firearms charges. If I knew more about what happened, I might see even more charges that could be brought against him. And, of course, if the man he shot dies he could face charges of murder or manslaughter. Depending upon the circumstances, a murder charge could carry the death penalty. You have good reason to be scared.

The allegation that the shooting was done for the benefit of a gang substantially increases the punishment he can receive if he is convicted.

It's possible that your brother was acting in self-defense. Reasonable measures taken to protect oneself against an attack are legal. But even if the other man was rushing at him with a knife, that does not mean the other man was at fault. After all, it is possible that he was trying to defend himself against something your brother (or somebody else) was threatening to do to him.

Your brother needs to discuss the situation with a lawyer as soon as possible. He also needs to not discuss it with anybody else -- especially the police or prosecutors -- until he gets a chance to do that.