Legal Question in Criminal Law in Missouri

My son is charged with Class C Assault for throwing a drink on a girl. He did it. The girl told the police it was urine but it was soda. My son just happen to see her in a shopping center parking lot. It was not premeditated and he did not know it would be considered assault. (I know that doesn't matter). The night before this girl and two friends were asked by my son to leave our house. When they got on the porch they broke two of our windows. My question is how to defend him. The girl lied to the police; she knew it was not urine. Why would my son walk around with urine in a cup waiting for a chance meeting? My son would not tell me who broke the windows until he received the summons. When I called the police officer who gave my son the summons to file charges about the broken window he talked with his supervisor who told him not to take a report. He said it would be viewed as retaliatory and would never make it out of the prosecutor�s office. When my son called the Municipal Court, they said the girl could make it a state case. What does that mean? Please advise.


Asked on 8/24/09, 10:44 am

1 Answer from Attorneys
Anthony Smith LawSmith

Get your Son an attorney to defend him. Call the Chief of Police or the captain of your local Police Divison. Press the issue of the broken windows. Make them take a report or demand that they tell you in writing that they refuse to take a report. They will not make such a writing, but your asking may convince them to send an officer to take the report. If they refuse, then write and call the mayor and your local media.

The officer that cited your Son, was not thinking about you, but about his own case against your Son, when he failed to take the report about the windows. If your Son is correct about this girls and her friends breaking your windows, then the reprot will halp yrou Son aslight bit in his defense of his assault charge.

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Answered on 8/24/09, 5:53 pm


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