Legal Question in Criminal Law in Minnesota

***PLEASE ONLY ANSWER IF YOU SINCERELY KNOW? I CHALLENGE YOU FOR THE RIGHT ANSWER.

*** IF CONVICTED OF A "VIOLATION OF 518B DOMESTIC ABUSE NO-CONTACT ORDER" INWHICH ARRISED OUT OF A 5TH DEGREE ASSUALT CHARGE THAT WAS DISMISSED, IS THE VIOLATION CONSIDERED "DOMESTIC VIOLENCE" JUST BY SAYING HELLO TO THAT PERSON.

IN OTHER WORDS. I WAS OUT ON BAIL FOR 5TH DEGREE DOM. ASSUALT IN PINE CO.. HAD A DOMESTIC ABUSE NO CONTACT ORDER SET BY THE JUDGE, SAW THE PERSON IN ANOTHER COUNTY AND SAID HI. WAS ARRESTED FOR THAT CHARGE. MADE BAIL. THEN PINE CO. DROPPED THE ASSUALT CHARGES WHICH PUT THE NO CONTACT ORDER IN EFFECT, IN THE FIRST PLACE. THE OTHER COUNTY WOULD NOT DISMISS. "518 B VIOLATION OF A NO CONTACT ORDER" IS THIS CRIME CONSIDERED A "CRIME OF VIOLENCE" WHEN ALL THAT WAS SAID WAS HELLO????? THE ALLEGED VICTIM WAS ON MY SIDE AND TOLD THE COP I ONLY SAID HI. THERE WAS NO VIOLENCE COMMITED AT THE ALEDGED VICTIM.

PLEASE LOOK INTO THIS. THANKS,

P.S. THIS IS WHY I ASK, >>>>>>>>>>>>>>>> the Lautenberg amendment


Asked on 9/28/10, 11:25 pm

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

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.

We do require a $2000 retainer for such matters

For a FREE consultation call 612.240.8005

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Answered on 10/03/10, 11:49 pm


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