Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney here to assist you.
It's not too late to file criminal charges as you have 1 year under Missouri law to file misdemeanor charges against someone.
This is likely a misdemeanor assault offense. You can contact the county circuit clerk's office about filing criminal charges. You will be asked to sign an affidavit accusing this person of assault. The clerk's office will assist you with getting the charges filed and a court date set.
If younger brother were found guilty of assault charges, what would be likely punishment?
The penalty for simple assault is up to 1 year in jail and up to a $1000 fine. However, neither is very likely. It is more likely that he would face probation and a median fine if no bodily injury occurred. That said, the judge could certainly order the maximum punishment.
Here's a link that outlines assault under Mo law: http://www.missouri-criminal-defense.com/assault.htm?gclid=CMyGw9uu_6wCFQ4j7AodFxmfTA
No, it's not too late as long as you can show that there's a real or imminent threat of harm if a restraining order isn't invoked.
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