Legal Question in Criminal Law in Minnesota

My wife was charged with 5th degree assault and has a court date in May against the state of MN. She runs a licensed family daycare and grabbed a 5 year old boy�s chin to get his attention so he would look at her. She left a nail mark apparently on his cheek or chin. She never saw it. The mom turned it in to her licenser so the report was noted. That�s as far as the mom wanted it to go. The incident got way out of hand and now the state of MN is charging her. The family wanted none of this. They have written us and the state letters saying they don�t know how this got this far when they never wanted to press charges. And have left numerous messages saying the same thing. Do we need a criminal lawyer for this, which could be from $2,000-$3,500? Or should she represent her self (since we don�t exactly have that kind of money around)? I know an attorney would be the best thing, but do you think the state will do anything since the family didn�t want this to happen anyway? What should she plea? Guilty, not guilty, or guilty with an explanation? We appreciate you doing this!

Thanks,

Brian


Asked on 3/28/10, 5:03 pm

2 Answers from Attorneys
Ross Brandborg Brudvik Law Office

Borrow the money. Get a lawyer. Or try for a public defender.

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Answered on 4/02/10, 5:11 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

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.

A fifth degree assault is a misdemeanor, punishable by up to 90 days in jail and a $1,000 fine. However, the collateral consequences of a conviction are extremely significant and, arguably, more severe than the criminal penalties themselves. As a result, it is extemely important to protect your public and criminal record.

First, if convicted of a fifth degree assault or any assault offense, employers who require a background check will not hire you. That is particularly true if you work closely with customers or in some other service oriented profession.

Second, many landlords now perform background checks for applicants and, if you decide to rent, you may be denied an apartment with a crime of violence such as an assault on your record.

Third, a conviction for assault may result in licensing problems for certain occupations or interfere with acceptance into some schools of higher learning.

Finally, it is also compelling that a non-citizen may suffer deportation and, even a citizen would lose their right to possess a weapon ,even for hunting purposes, after a conviction.

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

For a FREE consultation call 612.240.8005

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Answered on 4/05/10, 10:25 pm


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