Legal Question in Criminal Law in Minnesota

Re: 3rd Degree Assault

Normally a person is "charged" in a Complaint, in a felony case. Sometimes people are arrested and held for a few days or so in jail on "probable cause - Assault 3" but that would not be a criminal charge, which only a government prosecutor can file. You could check your name and date of birth at the courthouse where the case would be venued, if it were or has been filed. If you miss a court date, even unknowingly, there could be a warrant for your arrest. That's why it's a good idea to check your court record now, and every now and then. In many counties, this can be done via the web.

And of course, it would be wise to seek good legal counsel from a criminal defense lawyer like me.

Re: 3rd Degree Assault

Thank you for the post.

You do nothing until you receive a complaint in the mail. You can check with the court in your county to make sure there are no court dates. the complaint will be sent to your last known address.

A third degree assault can be very serious. It requires that you acted with an intent to harm someone and that thre was a substantial bodily injury.

It is a felony, punishable by up to five years or to payment of a fine of not more than $10,000, or both. The collateral consequences of a conviction are extremely significant and, arguably, more severe than the criminal penalties themselves. As a result, it is extemely important to protect your public and criminal record.

First, if convicted of a third degree assault or any assault offense, employers who require a background check will not hire you. That is particularly true if you work closely with customers or in some other service oriented profession.

Second, many landlords now perform background checks for applicants and, if you decide to rent, you may be denied an apartment with a crime of violence such as an assault on your record.

Third, a conviction for assault may result in licensing problems for certain occupations or interfere with acceptance into some schools of higher learning.

Finally, it is also compelling that a non-citizen may suffer deportation and, even a citizen would lose their right to possess a weapon, even for hunting purposes, after a conviction.

Often, the best defense is a good offense. In most instances, an argument for self defense may be made and Motions should be served to acquire all statements and medical records from the prosecution. Often, with skilled legal representation jail time and convictions can be avoided.

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