Legal Question in Criminal Law in Minnesota

Re: Assult

First, the state may always charge a criminal offense when there is probable cause to support it. That is true whether the alleged victim wishes to procceed or not.

Second, self defense is a defense to the charge of assault. It is often an issue that must be determined by a jury at trial.

Third, 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.

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.

Also, 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.

Moreover, a conviction for assault may result in licensing problems for certain occupations or interfere with acceptance into some schools of higher learning.

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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