How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Roger Your Own Question
Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31603
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
6704987
Type Your Criminal Law Question Here...
Roger is online now
A new question is answered every 9 seconds

I had two brothers living in my deceased mothers residence.

Resolved Question:

I had two brothers living in my deceased mother's residence. Her estate has not been probated yet. As tensions rised between the two brothers, younger brother borrowed a pit bull from a friend and commanded the dog to attack when my older brother entered the residence. Fortunately, older brother was not hurt and police were called to file a police report. This event happened this past May. Older brother did not file charges and subsequently returned to his home which is out of state. Older brother believes this was a criminal offense. When we took this to the local police at the time of the event, the chief of police blew us off. Is it too late to file criminal charges? What is the process?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Roger replied 5 years ago.

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.

Customer: replied 5 years ago.

If younger brother were found guilty of assault charges, what would be likely punishment?

Expert:  Roger replied 5 years ago.

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

Customer: replied 5 years ago.
Would older brother have to return from out-of-state to testify in-state? Or, could be provide a deposition and submit that to the court?
Expert:  Roger replied 5 years ago.
He would have to appear in person.
Roger and other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
Older brother and I am concerned about my safety since my residence is in-state. Is it too late to file a restraining order against younger brother to protect me?
Expert:  Roger replied 5 years ago.

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.

Roger and other Criminal Law Specialists are ready to help you