Legal Question in Criminal Law in Minnesota

Re: Domestic abuse charges....

The so-called "collateral consequences" of a domestic assault conviction are far more serious than jail or fines, in the view of my past clients -- loss of civil rights to firearms, deportation of non-citizens, loss of employment and income, and so on.

The government charges crimes. Individuals cannot. If the government's victim refuses to cooperate with the government, and the government has no other evidence, the charge may fail. If the defendant made a statement to police, typically that is enough of a confession to allow a trial and possible conviction without a government-victim. So, I typically try to get the court to suppress from evidence, such a statement.

The real solution is to get a good criminal defnese lawyer invloved fighting for you. Call me if you like.

Re: Domestic abuse charges....

Only a prosecutor may file charges and, they amay do so if there is probable cause for the charge regardless of what the alleged victim wishes to occur.

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.

Although the charge is a misdemeanor, punishable by up to 90 days in jail and a $1,000 fine, a conviction can have unforeseen consequences. First, if convicted, many employers who require a background check will not hire you. That is particularly true if you work in a customer services or client oriented profession. Many landlords perform background checks and if you decide to rent, you may be denied an apartment with a crime of violence such as an assault on your record. Finally, if convicted, under the law you lose the right to possess any type of a firearm even for hunting purposes. Additionally, if convicted, a three day sentence is not unusual.

Often, the best defense is a good offense. An argument for self defense should be made and Motions should be served to acquire all statements and medical records from the prosecution. Often, with representation jail time and convictions can be avoided.

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