Legal Question in Criminal Law in Minnesota

Wife doesn't get it

My wife has been charged with 5th degree domestic assault (a Misdemeanor) against me. She spent a night in jail. She is not from this country though she speaks fair English. She's now out of the house and I'm afraid she isn't going to take this seriously and go to court. How much worse will this get if they have to put out a warrant for her? Also, is this worth fighting in court? Or should she just plead guilty as I've heard they often expunge the record on these after a year.


Asked on 7/29/08, 11:04 pm

2 Answers from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: Wife doesn't get it

She will almost certainly be deported if she pleads guilty to a misdemeanor domestic assault crime. As a result, it is extremely worhtwhile to fight it in court. I have been able to "win" (avoid a guilty plea and a conviction) the majority of these cases I've handled. If a person pleads guilty, they cannot get an expungment under Minn Stat Chapter 609A - read it to see. In any event ICE ignores expungements, and deports people with guilty pleas to deportable offenses such as misdemeanor domestic assault, anyway.

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Answered on 7/30/08, 6:06 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Wife doesn't get it

If she fails to appear, a warant will issue. She would likely be picked up at some point in the future and be required to spend several days in jail pending a bail hearing.

A fifth degree assault is serious and rarely,if ever, expunged. The reason is that ther is a 10 year look back period for subsequent assaults on the same person that raise the level of the offense.

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Answered on 7/30/08, 12:52 am


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