Legal Question in Criminal Law in Minnesota

My boyfriend was charged with 5th degree assault after a fight that occured in our hotel room. My boyfriend and I were in bed when the other Party came into the room and iniated a fight and got in my boyfriends face the other party pushed him, then punched him in the nose, and pushed him agian before my boyfriend retaliated by swinging at him and hitting the other party one time with a small coffee pot for the room, and then my boyfriend was hit again with an object unknown causing a large gash in the back of his head, and prefuse bleeding from both his head and nose. Both involved were charged with 5th degree assault, how is this possible? My boyfriend pressed charges but the other party did not, How will this be dealt with in court? Can they settle outside of court with charges being dropped for both parties? If they can't settle outside of court does my boyfriend have a likely chance of getting self defense? there are pictures to support, with blood in our bed where my boyfriend was first punched in the nose.


Asked on 10/13/09, 12:21 pm

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Thank you for the post.

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 FREE consultation call 612.240.8005

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Answered on 10/19/09, 9:38 am


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