Legal Question in Criminal Law in Minnesota

Re: 5th degree assault

Thank you for the post.

Police need not read miranda rights unless they intend to question a person that is in custody. If the fail to read rights while a person is in custody and do not mirandize them, any statements or evidence adduced from the inquiry may be suppressed at trial. It does not automatically result in a dismissal.

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

Re: 5th degree assault

Yes. But if she does so when the person is "in custody" the court could suppress the statements from evidence in the prosecution's case-in-chief against this person (assuming the person in question is the defendant).

There are other legal grounds for suppressing statements to police (other than the rights warning).