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: 26131
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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: 2 years ago.
Category: Criminal Law
Expert:  Roger replied 2 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 2 years ago.

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

Expert:  Roger replied 2 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 2 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 2 years ago.
He would have to appear in person.
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26131
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 4 other Criminal Law Specialists are ready to help you
Customer: replied 2 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 2 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, Lawyer
Category: Criminal Law
Satisfied Customers: 26131
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 4 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.