Legal Question in Criminal Law in Minnesota

I was charged with 5th degree assault after a night of drinking with my freinds. I blacked out and do not remember what happened but I was told I had "assaulted" one of my freinds. I was placed in detox for 2 days then was booked and released from jail. I have a court date set and the victim doesn't want to testify or press charges since we were all drinking. I am unsure how to plead or if I need to get a lawyer before my court date because I believe the case should be dismissed. I have nothing on my adult record. What are my options?


Asked on 2/14/12, 6:31 am

4 Answers from Attorneys

Tyler Bliss Tyler Bliss, Attorney at Law

If you are ever unsure of how to plead--plead not guilty. You should hire a criminal defense attorney as soon as possible to put together your defense. Handling this on your own without an attorney would be ill advised. I would be happy to talk you through the particular issues I see in your case.

Tyler Bliss 651.789.0192

www.tylerblisslaw.com

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Answered on 2/14/12, 7:04 am
Thomas C. Gallagher Gallagher Criminal Defense

An assault conviction will diminish annual income from employment for most people, along with a host of other problems that can't be fixed once there is a guilty plea or conviction for assault. Having the complaining witness helping the defense is a favorable factor, but that alone does not make prosecutors dismiss criminal charges. Only with the help of a good criminal lawyer can the chance of keeping your record clean be optimized.

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Answered on 2/14/12, 7:14 am

Unfortunately, the fact that your friend doesn't want to press charges or testify probably wouldn't matter much. Your friend doesn't press charges, the prosecutor does; and your friend will have to testify if he is called as a witness. Why do you think the charges should be dismissed? Prosecutors very rarely dismiss charges once they are filed, and this does not seem like one of those situations. Get an attorney as soon as you can.

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Answered on 2/14/12, 7:21 am
Maury Beaulier612.240.8005 Minnesota Lawyers

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 extremely important to protect your public and criminal record.

First, if convicted of a fifth degree assault or any assault 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.

For a FREE consultation call 612.240.8005

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Answered on 2/14/12, 9:45 am


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