Legal Question in Criminal Law in Minnesota

fifth degree assualt and disorderly conduct

My friend is charged with the above because of pulling her fourteen year old girl off her eight year old son. Her daughter was sitting on him and beating him. My friend dragged her off and her daughter turned on her. The daughter is larger than her mother and assaulted her mother.The mother has multiple bruises from this. The daughter has one small bruise on her arm. The daughter then ran next door and called police. The daughter then left the neighbors house and ran down the street. The police came and arrested my friend for domestic abuse. Social services put the daughter in a foster home. Now my friend is charged with a crime while just defending her son! She has had trouble with the daughter and was trying to send her to a bootcamp youth to try to get her under control. She did nothing wrong and is charged with a crime. She can't afford a lawyer and asked for public defender and they said she makes too much money. No. Single mom.


Asked on 8/22/02, 9:55 pm

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: fifth degree assualt and disorderly conduct

From this account, it sounds like she may have a defense of self-defense. You are right, that she needs a good criminal defense lawyer.

When these things happen to people, they come up as a great shock and surprise, and generally people do not have any savings from which to hire a defense lawyer. Often they put the lawyers fee on their credit card(s) or credit card(s) of a supportive friend or family member. Sometimes, they get a loan against their home or car, or sell their car. Other times, they get a loan from their bank, their family, friends, or even church. Most generally understand they can't afford not to have a good legal defense, given the severe consequences of a conviction for assault -- not the least of which is a reduced future income, after having a conviction record.

Fortunately these are misdemeanor charges (rather than felony) and lawyers fees will only be a small fraction of the potential future income loss in the event of a conviction.

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Answered on 8/23/02, 11:51 am


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