Q: My mother and her husband engaged in a verbal argument, it got physical, she proceeded towards my location further down the street not knowing I was at my girlfriend’s residence on the porch. While making her way towards me, she then collapsed, and hit her skull on the ground. It appeared to me as an overdose, while kneeling to her aid I told my girlfriend to call 911. Her husband began to get irate, insisting they leave, and she did not need medical attention. I ignored him, moments later her he reached for my fully loaded firearm. It’s was holstered up against my spine, while I was kneeling to my mother the position became comprised, I realized what he was attempting to do, and struck him with my left elbow and gained control over my weapon with my right hand, I then removed the gun from behind me to my side, barrel facing towards the ground. Later the police alleged that I put the firearms to my step father’s head. I am now being charged with recklessly endangering another person. If this is a one person’s word against another’s, you have a good shot at a not-guilty verdict at trial. (Pittsburgh, PA)
A: I am assuming your mother’s husband alleges you pointed the gun at his head. That would be the evidence. Evidence does not necessarily have to be in the form of videotape. So, as you have just learned, charges can be based on victim testimony. You have the right to defend yourself and counter the victim’s story with your own testimony and testimony of other witnesses if there are any. I suggest since this case involves a gun, a felony and potential jail sentence, that you consult with a lawyer.