Legal Question in Criminal Law in Minnesota

I've been charged with 4th degree intenitional damage to my neighbors fence I have already repaired the damages there are no witness I kicked my patio chair and it slamed into his fence but at no point did i intenitionaly mean to damage his fence although I have 2 dwi's one 11 years ago the other 3 years ago still pending this is my 1st offense I am a homeowner for 21 years and have never had any problems with my neighbors what will most likely happen to me in court


Asked on 10/28/11, 3:22 am

1 Answer from Attorneys

It appears that you were charged with a misdemeanor. This carries a maximum penalty of 90 days in jail and $1,000 fine, and possibly restitution for the cost of the damage. If the fence is fixed to your neighbor's satisfaction you probably do not have to worry about the restitution. It is very unlikely that you would be subject to the maximum penalty. Witnesses are not necessary to get a conviction. Apparently, the prosecution has some evidence to make them believe you committed this act. It seems unusual that the police would become involved as you describe the situation. Why were they called? Normally, I would think they would consider this a civil matter. You should consider hiring an attorney to ensure the best possible outcome.

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Answered on 10/28/11, 7:46 am


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