Legal Question in Criminal Law in Minnesota

Assault
My girlfriend and I had a heated argument when she took money from my billfold without asking. She attacked me when I insisted she give it back and I called the police. She out and out lied and because of a mark she had on her face from a week ago, they arrested me instead of her!

I am now banned from the home I own and am concerned that 1) she will be as vindctive as possible (she has told them a bundle of lies) 2) she will somehow try to get MY property 3) my public defender told me to file an unlawful detainer, but when I went to do so it appeared that doing so would be considered ''retalitory'' and I cannot and because of this I do not trust his judgement.

I am now living with my father and if I am convicted because of the work I do I will lose my job.

What can I do? I go to court tomorrow. She has said she pays rent but does not, she simply lived there for 2-1/2 months as my girlfriend. She is a drinker and I am worried about my house. She ripped the phone out the night of this incident.

I can be reached at two numbers, 651 776-3467 and 612 306 2680 (cell phone). I have been charged with 5th degree assault. I believe it imperative I speak with someone. If you are unable to do this, please let me know ASA

Asked on 4/16/07, 8:35 am

2 Answers from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

0 users found helpful

0 attorneys agreed

Re: Assault

A fifth degree domestic assualt can be a very serious offense. Although it is a misdemeanor whicjh is punishable by up to 90 days in jail and a $1000 fine, it can have a far greater impact. Under the Brady Bill, if convicted, you cannot possess a weap0on even for hunting purposes. A fiifth degree assault is also considered a crime of violence which can impair your ability to acquire employment or rental housing if a background check is performed. As a direct result, a vigorous defense is necessary.

Certainly, the most common defense and one that would apply in your case, is self defense. Witness statements would also be necessary with regard to the mark on your girlfriend's case. Prosecutors are notoriously reluctant to dismiss or reduce charges of assault, so a Motion to challenge evidence may be necessary.

For a consultation call 952.746.2153.

Answered on 4/16/07, 10:54 am

Mark as helpful