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Ask Bill Fix Your Own Question
Bill Fix
Bill Fix, Attorney
Category: Criminal Law
Satisfied Customers: 79
Experience:  Attorney at Fix Law, PLLC
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I had an argument with my wife so she called her brother to

Customer Question

I had an argument with my wife so she called her brother to come and pick her up at the house when he arrived at the house I know I smelled alcohol on his breath and she had been drinking also so I went out and told them and they couldn't take my daughter in my front yard and I went to the car to get my daughter when iI tried to get my daughter out of the car and her brother pulled out a gun pointed directly at me and pull back the hammer I thought he for sure was going to shoot me so I backed off this all happened in my front yard so the police came they took his gun breathalyzed him and told him ihe was too drunk to be driving so they Took the gun and let him go home with a different driver .
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Bill Fix replied 11 months ago.

If the police saw him point the gun at you, I suppose they could have arrested him right there.

You likely could press charges against him for assault, either criminally or civilly. Just by pointing the gun at you, if that put you in fear of your life or safety, then he assaulted you. Should you wish to sue him in civil court for assault, you may be able to win a monetary judgment. Seek advice from a local attorney on this one. As for the potential criminal charge, you might be able to have him face a criminal penalty of jail time, probation, and/or a fine.

Frankly, I'm not sure that either of those options is the best use of your time and resources at this point, especially if the situation has blown over and is behind you. But it sounds like you have every right to pursue either or both of those avenues if you wish.

Customer: replied 11 months ago.
The police didn't see him point the gun, he did admit to pointing the gun. I'm just wondering what the best approach is.
Expert:  Bill Fix replied 11 months ago.

The best approach likely depends on what you perceive the future holds:

  • Is this an argument that your wife and you can get past, or are you headed for a divorce?
  • What terms are/were you on with your brother-in-law?
  • Are you in fear for your safety, believing that he (or your wife) may assault you in the future? If so, you may want to consider an order of protection against him and/or your wife.
  • If you want retribution, do you want him to face criminal penalties or pay you $ for the assault? If it's the second option, does he have the resources available to do so?

If he admitted to pointing the gun at you, but he was not arrested, perhaps criminal charges are not very likely. Your best legal options, should you decide to pursue anything, may be for a civil action for assault. Again, it's best to consult with a local attorney who is familiar with your state's laws on these types of things so you know up front what elements would be necessary to win such a case and see if it's worth it to you.

I hope I've been able to answer your question. If so, please provide a positive rating. If not, let me know what other general questions you may have so I can try to assist further. Thank you.