Legal Question in Discrimination Law in Minnesota

My brother was just recently arrested for defending himself from 2 guys that were double teaming him. He cut one of them to get them off of him, he also admitted exactly what happened when he talked to the police. He was arrested for assault with a weapon, but the other guys were not arrested at all. My brother is black and the other guys are white and that is why they ended up fighting. The police say that they are done investigating because my brother admitted to it, but he also said that the jumped him and the provoked the fight and yet they were not arrested. My brother was not even able to file a mob action complaint and he was also hurt in the process. Can someone please help me?


Asked on 9/25/09, 1:37 pm

1 Answer from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

Thank you for the poste-mail.

A felony assault is a very serious offense. It requires that you acted with an intent to harm someone and that a dangerous weapon was used in the commission of the offense. As a felony, it carries with it a significant potential for prision time even if the person has no prior record. The collateral consequences of a conviction are equally serious.

First, if convicted of an assault, 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 10/01/09, 11:12 am


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