Q: If someone breaks into a home and gets shot can we press charges for him breaking in?

A: The victims and witnesses can make statements that will be included in the police report. The prosecutor determines what charges are filed.

A: In California, if someone unlawfully enters your home (breaks in), you have the right to use reasonable force to protect yourself and your property. This is known as the "Castle Doctrine." However, the use of force must be proportional to the threat posed by the intruder.

Regarding pressing charges against the intruder, you can file a police report and cooperate with law enforcement to pursue criminal charges. The intruder can potentially be charged with crimes such as burglary, trespassing, or breaking and entering.

However, the decision to prosecute the intruder ultimately lies with the District Attorney's office. They will review the evidence and decide whether to press charges based on factors such as the strength of the evidence, the severity of the crime, and the likelihood of conviction.

It's important to note that your uncle's case and the potential case against the intruder are separate legal matters. The fact that the intruder broke into the home may be used as a defense for your uncle's actions, but it does not automatically negate the attempted murder charge. The specific details and circumstances of the case will be crucial in determining the outcome of both cases.

I recommend consulting with a criminal defense attorney who can provide guidance on your uncle's case and advise you on the best course of action regarding the intruder. An experienced attorney can help protect your uncle's rights and explore all available legal options.