Legal Question in Criminal Law in Minnesota

Re: 5th degree assault charge in MN

It depends,

Is this your first arrest?

You should be getting a citation or complaint in the mail soon indicating a first court date. You should have no contact direct/indirect, the city attorney will contact her to get her side of the case and ask her if she still wants no contact or if she wants you to be punished. Additionally, it is possible they might attempt to charge you with interference with a 911 call if she told the police she was trying to call the police and you would not allow her to. If she testifies against you, you have the right to either testify or not testify. I would need more details and would like to investigate as to whether there were any witnesses.

Re: 5th degree assault charge in MN

The maximum criminal penalty would be determined in part by your prior record, if any. You are at risk of getting a public criminal record for assualt, loss of civil rights to firearms, immigration law consequences, etc., regardless of prior record.

You would be wise to get the best lawyer you can, as soon as possible, and strive to keep your record clear of any guilty plea or conviction.

FFI: http://liberty-lawyer.com/domesticcrimecharges.html

http://liberty-lawyer.com/domesticcrimecharges/domesticstatutesmn.html

Re: 5th degree assault charge in MN

Thank you for the e-mail.

A fifth degree assault can be very serious. It requires that you acted with an intent to harm someone or that the other person was in reasonable apprehension of physical harm from an act.

A fifth degree assault is a misdemeanor, punishable by up to 90 days in jail and a $1,000 fine. However, 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 fifth degree assault or any assaulyt 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.

For a FREE consultation call 612.240.8005