Legal Question in Criminal Law in Minnesota

self-defense

My brother 23years old recently has been charged with third degree assault and a felony he is facing four years in prison all because he was trying to defend himself against a guy that came on his property and attacked him. The guy had threaten my brother several times before this and was advise by cops to stay way from my brother. The night this guy attacked my brother they fought only with there fists but the guy ended up with a broken jaw and my brother in jail. How is this possible when the guy admitted in court what he did there were also witness the chef of police testified on my brothers behalf. Are attorney is giving up. How can you face a felony and 3rd degree assault because of the attacker having a broken jaw? I don't get it someone help! My brother gets sentenced in a few weeks. We would like to appeal but don't know the laws the attorney really isn't trying to help us anymore. What should we do can we stop this? What are Minnesota laws? Help us please!


Asked on 1/10/09, 7:38 pm

2 Answers from Attorneys
William Bulmer II Law Offices of William K. Bulmer II

Re: self-defense

Did your brother go to trial? Or did he enter a plea? If he entered a plea he can file a motion to withdraw his plea. If he was found guilty at trial, he will need to seek an appeal. However, to be successful with an appeal, it will need tone shown that a reversible error was made by the court and/or convince the appeals court that there was insufficient evidence to convict.

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Answered on 1/10/09, 7:48 pm
Thomas C. Gallagher Gallagher Criminal Defense

Re: self-defense

Minnesota Statutes Section 609.06 addresses the deense of self-defense, as do numerous published court cases. You can read the statute, and many court cases, on the internet or at a law library. Obviously, I cannot explain why your brother lost his jury trial, since I was not his lawyer. I can tell you that within a short time, the defense lawyer must file a motion for a verdict of acquittal notwithstanding the verdict and motion for new trial, in part, to preserve trial errors as issues for appeal to a higher court. You might want to seek reassurance that his attorney will do this. It is common to get a different lawyer to handle the appeal, but the trial lawyer is in the best position to make these motions, shortly after the verdict.

FFI: http://www.liberty-lawyer.com

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Answered on 1/15/09, 7:22 pm


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