Legal Question in Criminal Law in Minnesota

Re: Juvenile assualt

Thank you for the message.

A summons to juvenile court is a citation. he need not be arrested on the offense.

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.

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Re: Juvenile assault

A Summons and Petition in juvenile court, is the functional equivalent of a Summons and Complaint in adult court. Not every person charged with a crime is arrested, nor is an arrest a requirement for charging a crime. It can, however, be advantageous to the defense, for various reasons. A "citation" from a police officer is one way a person cna be charged with a misdemeanor crime. Another way is with a Complaint, or Summons and Petition. The best approach is to consult a criminal defense lawyer about the complete case, and review for any and all potential defenses.

Call me if you wish to discuss.