Legal Question in Criminal Law in Minnesota

appropriate for first time offender

is 5 years probation appropriate for a first time offender who had a fight and threw a bottle that cut the victim on the ear.the someone is the person who the suspect was fighting. suspect attorney want him to take a plea deal. i,m his mother i say no deal.i say take a trial because it was not premeditated.the suspect had the bottle in his hand when the victim hit him he threw it and it cut the victim.they both are college student who were drinking under 21 years of age.the victim dont want to cooperate with the court.he didn,t want to press charges .the state is pressing charges. please give me advice.this is the first family to go to college. i dont want him destroyed.he didn,t start drinking until he went to college.


Asked on 12/05/06, 11:30 am

2 Answers from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: appropriate for first time offender

The answer is not so simple without reviewing the police reports and the witness statements. there are also different degrees of assault with a fifth degree assault being the lowest. Certainly, on an assault, jail time is possible. Even the lowest count is a misdemeanor and is punishable by up to 90 days in jail and a $1,000 fine.

An affirmative defense to the charge is self defense. It would certainly seem that a defense in that regard should be made. To do so, the prosecutpoor must be notified in advance in writing of that affirmative defense.

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Answered on 12/05/06, 11:40 am
Michael R. Nack Michael R. Nack, Attorney at Law

Re: appropriate for first time offender

Let your son follow his lawyer's advice. Would you rather he go to trial, lose, take a conviction and ruin his life, or would you rather that he succeed on probation and put this affair behind him (hopefully learning a lesson that will keep him out of trouble in the future.)?

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Answered on 12/05/06, 11:12 pm


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