Legal Question in Civil Litigation in California
assault with a deadly weapon
My brother had an confrontation with his neighbor over a water line problem. His brandished a club with a hook on it that he used for gaffing fish, but he never touched the neighbor. He was charged with
a misdomeanor assault with a deadly weapon.The 1st court appearance the DA was willing to reduce disturbing the peace, but my brother's lawyer refused it. Now he has to go before a judge and the lawyer is saying, plead guilty, the judge will fine him and the charge goes way after a year. I am worried the judge will do something else. Also, should my brother create a trust to protect his property and bank money, because of the possiblity the neighbor will sue him? Any help will be appreciated. The neighbor is a methaphetime user and is growing marijuana in his yard with about 10 other people and the sheriff can't do anything about it. My brother was in Vietnam and hates drugs because of what it did to his friends during the war. Someone please answer. I am worried for my brother.
2 Answers from Attorneys
Re: assault with a deadly weapon
Your brother cannot protect his assets by giving them to a trust or by otherwise disposing of them. This sort of transfer would be deemed fraudulent and would be undone by the courts. If such trickery worked then defendants would always use it and plaintiffs would never collect on their judgments.
At the same time, this does not sount like a case which would result in a very large judgment or settlement. Your fears about the outcome seem exaggerated.
I empathize with your concern for your brother, but blaming his neighbor will not change the fact that your brother is the one who brandished a rather dangerous weapon at him. He's in trouble because he committed a crime, not because his neighbor is a lowlife.
Re: assault with a deadly weapon
Your brother has an attorney. The sheriff certainly can do something about criminal activity and if he does not then contact which ever entity is above him.
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