Legal Question in Criminal Law in Minnesota

The citation could be issued at any time by law enforcement. The fact that they waited a month does not negate the charges. The diversion programs are generally a very good deal and allow maximum flexibility and help keep your son's record nearly clean.

This information is general in nature. You should not rely on this information as legal advice, as each case is unique. This information does not create an attorney-client relationship. If you are in need of legal advice concerning a particular matter, you are encouraged to contact us at your earliest convenience.

If you would like to discuss your case further, feel free to contact our office for a free initial consultation: 612-217-0077

Thank you for the inquiry.

Charges may be filed in the form of a citation by law enforcement or by a prosecutor after the incident at any time prior to the Statute of limitations which, depending on the offense, may span a term of years. You should, however, receive notice of the charges.

It sounds as if the charges may be a fifth degree assault. It requires that your son acted with an intent to harm someone or that the other person was in reasonable apprehension of physical harm from an act.

If thise were an adult, rather than a juvenile issue, a fifth degree assault is a misdemeanor, punishable by up to 90 days in jail and a $1,000 fine. As a juvenile matter, if there is an adjudication of delinquency, juvenile detention is possible (but not likely) and community service is probable.

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 an adjudication can be avoided.

For a consultation call 612.240.8005.