Asked in Criminal Law for Missouri

Q: can I use rsmo 565.090.2(1)(6) as defense if it wasn't charged

I was charged with misd C assault 3rd for threatening someone who refused to leave my property, and I could back up a claim that they have been harassing me for a while, however the police and prosecutor have refused to file any charges against them. Can I still claim that I am the victim of harassment and that 565.090.2(1)(6) "such person's response to the act is one of a person of average sensibilities considering the age of such person" should cover my actions?

Related Topics:
1 Lawyer Answer
Justin Michael Crozier
Justin Michael Crozier
  • Criminal Law Lawyer
  • Kansas City, MO
  • Licensed in Missouri

A: Potentially... though you probably need to get an attorney. It really depends on the circumstances, you might be able to win at trial, but maybe not. You would have to prove that you were being harassed (which you don't have to have them charge, but it would help). If you were not being harassed, then you are probably out of luck. There have also been some cases that have discussed what is an allowable response or not. The statute doesn't really tell you everything. Get an attorney, that will be the best thing you can do for yourself.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.