Legal Question in Criminal Law in Minnesota

5th degree assault

I am getting 5th degree assault. I have never had any other charges before. I just want to know what you think i may get if i pled gulty. I am in the army and curently on leave from Afganistan.

Asked on 1/01/09, 7:31 pm

3 Answers from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

Re: 5th degree assault

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. Jail time is certainly possible and even likely if convicted. Moreover, 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 FREE consultation call 612.240.8005

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Answered on 1/02/09, 10:22 am
William Bulmer II Law Offices of William K. Bulmer II

Re: 5th degree assault

You do NOT want to plead guilty to an assault charge. You will lose your firearm rights which means you will likely be discharged from the military. You need to speak to an attorney regarding your case.

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Answered on 1/01/09, 7:53 pm
Thomas C. Gallagher Gallagher Criminal Defense

Re: 5th degree assault

If you plead guilty you might or might not get sentenced to jail time, but would quite likely be put on probation for up to two years (misdemeanor assault). If the case is a "domestic" -type, then you could also lose civil rights to firearms. A criminal conviction can reduce future job opportunities and income. There is more.

My motto? "Friends don't let friends lead guilty!" Avoid pleading guilty. Get a good lawyer, like me. Fight it. You could win. I often do.


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Answered on 1/01/09, 10:26 pm

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