Legal Question in Civil Litigation in Minnesota
I have a multilevel question so I will just start from the beginning. Last night I was out with some friends around 11 pm in Minneapolis when we chose to stop and a local night club for the night. We entered and told the host we were interested in getting a table for bottle service. They started asking for cover and I said no because we were getting a table and in the many times I have had bottle service there or anywhere else I have never paid for cover. At that point the owner walked by (who I know because I worked for him in the past) and basically said too bad we have to pay cover. I said forget about it, we'll leave and just go some where else. Him and I argued for a minute and then he called his security to kick me out. I didn't really care because we were leaving anyway and walked out with out causing a problem. Once outside on the sidewalk the bouncer behind me tripped my right leg and pushed me to ground for absolutely no reason. Even though I should have realized it was a bouncer, I didn't really think about what I was doing and tore my mardi gras beads off my neck and threw them at him and they hit him square in the nose. Within in seconds the owner maced me and had his bouncers hand cuff me. Then the owner walked up, said to me while I was being held "you want some more?" and maced me again. Then they tried to take me in back to do who knows what to me, but my friends wouldn't let them move me until the police arrived. The police arrived, put me in the squad car, and took a statement from the bouncer I threw the beads at, who was saying the little plastic medallion on the beads broke his nose, which just isn't possible no matter how hard I threw it considering how light weight it is. Quite a few people tried to give the police statements including other bouncers that work there saying I was pushed to the ground from behind and I was defending myself, but the police wouldn't take statements from anyone. While I was in the squad the cops were asking a bunch of questions that sounded like they were getting me to incriminate myself, so I just stopped answering them and told them I wasn't going to talk to them anymore. Come to find out later that they told my friends they would have released me with no charges, but I since "I was being difficult and not talking to them" they charged me with 5th degree assault. I don't know if I believe that though. Now I am planning on fighting the charge, but I don't if it would be worth my time trying to press charges and file a civil suit against him or if I would just be wasting my money and possibly opening myself up to a counter suit that could cost me a lot more money?
1 Answer from Attorneys
Thank you for the post.
A civil lawsuit would not impact the criminal case and, if filed, the other party may certainly file a couter suit.
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 assaulyt 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 consultation call 612.240.8005
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