245 (a) (1) three 16 year olds charged three counts with pellet gun; one boy charged was not there at time of shooting and also not the shooter

16 year old boy brought his pellet gun to friends’ house. they shot at bottles; he left for short while. when he came back two friends were shooting pellets into a nearby middle school that was in session. He pleaded with friends to stop. They stopped, but sheriffs arrived shortly. Boy is charged with three counts of felony 245 (a) (1) – one count for each student that was hit by a pellet. Does he have a case to dismiss charges? How could he proceed?

Asked on May 20, 2009 under Criminal Law, California


N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

He must prove that he did not in fact shoot the pellet gun that hit the students. He must prove that it was the other 2 boys that did it. Are the other 2 boys willing to testify that he wasn't there when they were shooting the pellets?

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