Legal Question in Criminal Law in Minnesota

Re: 5th Degree Domestic Assault/ No Contact Order

The no contact order is, presumably, a condition of your release pending trial, and it is discretionary with the judge whether to lift that condition. Even if the victim agrees the no contact order should be lifted, the court may decline to do so, upon consideration of the circumstances of the assault. Similarly, the prosecutor may decide to proceed with the case whether or not your boyfriend wants you to be charged. With the information provided, I cannot guess at whether your public defender will bring a motion. He or she may decide it is not reasonable under the circumstances.

One of the most common misconceptions about criminal cases is that the victim "presses charges," which implies that it is the victim who decides whether or not the alleged wrongdoer will be prosecuted. That may be how they talk on television, but it's not how the law really works. Whether or not someone should be prosecuted is up to the city or county attorney (the prosecutor), and not the victim. Beyond that, the conditions of pretrial release, and most sentencing decisions, are in the discretion of the court, subject to some restrictions in certain kinds of cases.

Although he or she may be busy, your public defender is familiar with the law, and the county in which your case is venued. Follow his or her advice.

Re: 5th Degree Domestic Assault/ No Contact Order

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.

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