Recent news:
- Thirty eight of the McCloskey's neighbors have signed a letter condemning the couple for "brandishing" of firearms and for "interfering" with a "peaceful protest".
- A local television station reports that a petition is in work demanding that the McCluskeys, both attorneys, be disbarred for "aggravated assault with a firearm" [(though there is no such crime in Missouri)].
Mjssouri's assault law differs from that of other states in that assault and battery are not codified separately--in Missorri, first degree assault involves the causing of physical harm, which is called
battery in almost all other states.
In most states and at Common Law,
assault is defined as
putting someone in reasonable fear of harm. In Missouri, that's fourth degree assault, a misdemeanor punishable by a sentence of up to fifteen
days. Of course, there is a defense: necessity.
In other states, assault with a deadly weapon, including pointing a gun at someone unlawfully, is classified as aggravated assault. In Montana, to choose an example, the maximum sentence is twenty years.
If it is true that they threatened the McCloskeys with death, the "
protesters" as the media continue to call the, .could be found guilty of fourth degree assault.
The "protesters" were surely guilty of trespassing. The penalty for that is greater than that for fourth degree assault.
The greatest legal danger facing the McCloskeys involves "exhibiting ...a [deadly] weapon...in an angry or threatening manner in the presence of two or more persons". It would be difficult to argue that Mrs. McCloskey did not do that.
The maximum sentence is four years-
-but there is the potential for a defense of justification. That would involve a showing a reasonable belief that the violent members of the crowd were serious in the death threats. They certainly had the opportunity and the ability--with their numbers it would not be necessary to have a reasonable belief that any of them were armed to justify defensive action.
Just to make it clear--one may not threaten deadly force to prevent or terminate trespass in Missouri, or just about anywhere else, for that matter.