Assault with a deadly weapon charges

My brother lives downstairs from my uncle. The two of them had a dispute. While each of them was on the phone with my mother (cel phone and house phone), my uncle was throwing objects (bathroom related objects, I think) down the staircase at my brother. My brother had a gun (legally registered) with no bullets. The police were called and my uncle stated quite clearly that he did not want to press charges. The police were about to leave when my uncle made a casual comment that my brother threatened to kill him during the exchange. The police immediately arrested my brother. My uncle was surprised and insisted that he didn't want him arrested, but when pressured by the three police officers, refused to recant his claim. My brother says that he never made any threats, and kept the gun down at his side as a deterrent (my uncle has a known history of erratic behavior due to drug use). My mother claims she never heard any threats over the phone. My brother has been charged with assault with a deadly weapon and brandishing a firearm.

We're in California, SF Bay area. I'm wondering if these charges will hold when he sees the judge. My mother wants to bail him out, but doing so will put her severely in debt. Any advice would be greatly appreciated, as I would like to help them as best as possible.

Tell mom not to get in debt.

Tell brother to get a public defender.

It sounds like he was arrested for criminal threats - a felony. PC 422 typically has a very high bail. Without a cooperative victim/witness, it will probably get reduced or dropped later on ... unless he has a criminal history himself. It's not worth mom paying out what could be $25,000 or more to a bail bondsman (money she will NOT get back!!) just so he can have a few days of freedom pending court.

- Carl

Thanks much to you both for the responses. I'll pass along the opinons to her.

Follow up:

The charges of assualt were dropped and he was released. He now simply faces a midemeanor offense. I thought I should post this conclusion in case anyone in a similar position comes looking for answers. Waiting was the right choice. Thanks again.

thanks for the update, its nice to see the outcome of some of these situations.