Legal Question in Criminal Law in Minnesota

domestic assault

what is the best plea for me as a first offense and how should i plea and what are he possible penalaties i might be facing


Asked on 4/02/09, 11:59 am

3 Answers from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Re: domestic assault

"Not guilty," would be best for you. The worst penalties are not jail or fine; they are a lifelong criminal records, loss of civil rights to firearms, deportation of non-citizens, and worse. This is a serious case. Get a good lawyer and fight to win, while you still can!

http://liberty-lawyer.com/

http://liberty-lawyer.com/domesticcrimecharges.html

http://liberty-lawyer.com/domesticcrimecharges/domesticstatutesmn.html

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Answered on 4/02/09, 9:18 pm
Greg Bachmeier Bachmeier Law Office

Re: domestic assault

It depends, are you a United States citizen, are you a hunter - pleading guilty to domestic assault can have adverse affects. There are different ways to resolve your case the best being a dismissal or continuance for dismissal. You may be able to plead to a lesser crime, assault in th 5th degree or even disorderly conduct.

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Answered on 4/02/09, 12:49 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: domestic assault

Thank you for the POST.

the answer to your question would depend greatly on the particular circumstances of the case and its defenses. Often, with an aggressive defense, you may avoid a conviction for 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. 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 4/02/09, 3:19 pm


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