Legal Question in Criminal Law in Minnesota

Re: domestic assult

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.

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.

For a FREE consultation call 612.240.8005

Re: domestic assult

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.

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.

For a FREE consultation call 612.240.8005

Re: domestic assult

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.

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.

For a FREE consultation call 612.240.8005

Re: domestic assault

First, it is valuable to protect one's lack of a public, criminal record -- in terms of future stream of income, vs. diminishment of annual income due to jobs and careers unavailable to those with a criminal conviction. This is even more true with harmful labels, such as "assault."

Non-citizens will suffer deportation. All will suffer the loss of their civil rights to firearms. These legal disabilites were made retroactive, to people with predating convcitions. Therefore, it is reasonable to expect that further legal diabilites could be enacted in the future, and made retroactive.

In my opinion, the so-called "collateral consequences" of a misdemeanor "domestic assault" conviction, such as those mentioned above, are extreme and severe -- far worse than the jail, fine and conditions of probation that can be expected.

It is vital to have a good criminal defense lawyer, experienced in these types of cases, on your side. Call me if you'd like to discuss this.

Re: domestic assult

The potential penalties have been addressed in other answers. The actual penalties will depend in large part on the county where this happened. Every county handles cases differently.

The important thing to understand is that an assault is a very serious matter. You should not simply "pled guilty because it was the easiest thing to do". You would benefit from having an attorney at least review the complaint and police reports to determine if you have a viable defendable case.