Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

I had an argument with my wife so she called her brother to

Customer Question
I had an argument with...
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: 1 year ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 34 minutes by:
6/17/2016
Criminal Lawyer: Bill Fix, Attorney replied 1 year ago
Bill Fix
Bill Fix, Attorney
Category: Criminal Law
Satisfied Customers: 81
Experience: Attorney at Fix Law, PLLC
Verified

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.

Ask Your Own Criminal Law Question
Customer reply replied 1 year 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.
Criminal Lawyer: Bill Fix, Attorney replied 1 year 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.

Ask Your Own Criminal Law Question
Ask Bill Fix Your Own Question
Bill Fix
Bill Fix
Bill Fix, Attorney
Category: Criminal Law
Satisfied Customers: 81
81 Satisfied Customers
Experience: Attorney at Fix Law, PLLC

Bill Fix is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

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.

NormaPensacola, 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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,175 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,014 satisfied customers

16 yrs. of experience including criminal law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

RobertJDFL

RobertJDFL

Lawyer

1,812 satisfied customers

Experienced in multiple areas of the law.

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,623 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
My friend has a previous gun charge it was a misdemeanor but
My friend has a previous gun charge it was a misdemeanor but now is being charged with aggravated assault … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,302 satisfied customers
If convicted by the state for gun straw purchase with two
if convicted by the state for gun straw purchase with two guns not used in a crime can there be a lighter sentence then the 5 years if defendant don't have any criminal record or any contact with the … read more
Steinlaw
Steinlaw
Attorney/Principal
JD
1,704 satisfied customers
I am a former felon. Can I legally purchase an air gun or
I am a former felon. Can I legally purchase an air gun or pellet gun or BB gun, in Virginia, if I open carry? My probation and the other elements of my sentence were completed around February 2011, Ma… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,487 satisfied customers
I am in court for criminal mistief in the state of indiana
i am in court for criminal mistief in the state of indiana marion county. I am illeged to break a windo . I am being charged with a felony because the total cost is said to be over 2500 dollars. I wan… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
Can I be cited for criminal Trespass from the tennis courts
Can I be cited for criminal Trespass from the tennis courts on a school grounds entirely at the discretion of the school officials… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I have a question about procedure in criminal court in
I have a question about procedure in criminal court in Texas; specifically if there is any way to request a pretrial hearing prior to indicment of a felony … read more
Ray
Ray
Lawyer
Doctoral Degree
30,190 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
What would happen for a 1 count of pointing a gun and 1
What would happen for a 1 count of pointing a gun and 1 count reckless conduct charge in Gwinett county, GA and I have never been in trouble at all?… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,302 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,302 satisfied customers
How old do you need to be to own a hand gun in Florida? How
How old do you need to be to own a hand gun in Florida?How old do you need to be to purchase ammunition?Can yo carry an loaded hand gun in your glove compartment without a concealed weapons permit?… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I would like to purchase a "gun" for pest control.
I would like to purchase a "gun" for pest control. Squirrels, possums, skunks and whatever lil critter thinks it's ok to dig up my beautiful plants. I am a convicted felon in the state of VA. Possessi… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,302 satisfied customers
It's a criminal law question It's a criminal law question.
It's a criminal law question It's a criminal law question … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,302 satisfied customers
Can a fellow own a pellet gun in west. My wife is a
My wife is a felon,can I have guns in a safe at the house as long as she doesn't have acces… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
My. My question was "are gun rights automatically restored
Yes my question was "are gun rights automatically restored after 10 years without even a traffic violation New Mexico I live in Nevada now … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I have read california statute 244.5. Assault with stun gun
Hello, I have read california statute 244.5. Assault with stun gun or taser but I am unclear on a few things. Aside from public buildings, public meetings and airports, can one carry a 'loaded' taser … read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
I gave a written statement taking blame for a gun that was
I gave a written statement taking blame for a gun that was not mine I was sitting passenger and was found in vehicle is there any options I have or just having to take time for this… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
Can someone own a BB gun co2 air gun while a restraining
Can someone own a BB gun co2 air gun while a restraining order case is open in state of Florida?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,190 satisfied customers
In, county, Illinois criminal court regarding someone
In cook, county, Illinois criminal court regarding someone charged with aggravated battery(not the lawyer), is an outside criminal lawyer (meaning, he didn't have anything to actually do with the case… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x