Why are good criminal defense attorneys important to our society?

• We protect the innocent.
• We protect those who make mistakes from suffering long-term consequences to their education, job, and career.
• We advocate for people who struggle with drug addiction and mental health issues.

As a country, we believe in rehabilitation and second chances for those who commit minor crimes. We also believe that people dealing with mental health or substance abuse issues can be helped and rehabilitated instead of only punished through incarceration.

A criminal defense attorney in St. Louis and Chesterfield, MO plays an important role in this process. We examine the evidence to determine whether the case against our client is strong. If it is, we work to mitigate the consequences of their actions.

Everything in our job relates to crime and punishment. We look at the type of crime, what the client did, and whether their behavior meets the legal definition of that crime. Sometimes, people are charged with something that is not a crime at all. Defense attorneys with knowledge of Missouri law—and the ability to read and interpret the statutes passed by the Missouri Legislature—can often help clients get cases dismissed through motions to dismiss or by securing not guilty verdicts.

In 2017, Missouri updated its criminal code. Juveniles now have greater protections under the law, making it more difficult for prosecutors to charge them as adults.

The harassment statute is another example where knowledge of the law benefits clients. This statute is written so broadly that it can criminalize almost any communication if it causes emotional distress. The older statute was more specific—it listed clear behaviors such as threatening violence or committing a felony. The intent of the new statute is to cover modern communication like text messaging, instant messaging, and messaging through apps, but it is overly broad.

The statute reads:

“A person commits the offense of harassment if he or she, without good cause, engages in ANY act with the purpose to cause emotional distress…”

The word ANY is where problems arise. The defendant’s intent or purpose is also a critical element of the charge. Without proof of intent, the legal definition of harassment is not met. Unfortunately, many officers overlook this requirement.

While the statute was created with good intentions, it can lead to prosecutors overcharging cases—and that is bad for society. An experienced St. Louis and Chesterfield criminal defense attorney can challenge such charges and protect clients from unfair outcomes.