5th degree assault/5th degree domestic assault

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Latest post Wed, Dec 12 2007 11:26 PM by ca19lawyer2. 2 replies.
  • Wed, Dec 12 2007 1:19 PM

    • kelli20
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    • Joined on Wed, Dec 12 2007
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    Question [=?] 5th degree assault/5th degree domestic assault

    I have a boyfriend in minnesota that had gotten in a bar fight, he first had grabbed my arm to leave and then received a punch in the face by a patron at the bar. However, by boyfriend who was intoxicated was charged with 5th degree assualt as well as 5th degree domestic assault. He can't afford a lawyer but makes too much money for a public defender. The prosecuting attorney wants him to plead to disorderly conduct, stating that "he has to be charged with something." He has already had to spend the week-end in Jail. Is there a different charge that he can take? Since he already served time? The other individual in this case wasn't charged with anything. He thinks he can represent himself. I just think if he can come up with a lessor charge the prosecuting attorney will accept that and move on. Any help would be greatly appreciated.
  • Wed, Dec 12 2007 2:14 PM In reply to

    re: 5th degree assault/5th degree domestic assault

    It's difficult to find any one who says "I can afford a lawyer." Really, unless he has an employer who simply doesn't care and has no intention of ever needing another job, he can't afford NOT to have a lawyer.

    "Is there a different charge that he can take?"

    It's up to the prosecutor to decide what kind of deals/other charges he-she is willing to accept as a plea.

    "Since he already served time?"

    You seem to be assuming that if he pled to disorderly that he'd get more jail time.

    "The other individual in this case wasn't charged with anything."

    Your boyfriend is free to try and press charges. Has he spoken with law enforcement about that.

    Cannot imagine why your boyfriend would not want to at least consult with a local criminal attorney and pay him-her for an hour or two of time.
  • Wed, Dec 12 2007 11:26 PM In reply to

    re: 5th degree assault/5th degree domestic assault

    "Is there a different charge that he can take?"

    He can't "take" anything unless the prosecutor offers it.

    "I just think if he can come up with a lessor charge the prosecuting attorney will accept that and move on."

    I can't imagine there's a less serious offense than disorderly conduct.
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