Aggravated Assault
Carlos shot a man in the neck at close range with a .45 caliber pistol. Carlos and his brother had been at a child's birthday party, and on the way home they were teased and insulted by a group of teenagers. Carlos' brother got into a fist fight with one of the teens, but the teen was getting the best of him. The teen was beating Carlos' brother to a pulp in front of Carlos. Carlos ran across the street to get his gun from under his bed. He was scared. His brother's wife and children were crying and screaming for Carlos to help his brother. Carlos went back out into the dark to help. When Carlos arrived his brother was on the ground and being beaten savagely. Carlos shot the teen, the rest scattered. Carlos was charged with aggravated assault. We tried the case to a jury and they agreed with us that Carlos was defending himself and his brother when he fired the shot. Carlos was acquitted by the jury in short order and he went home to his family.