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Options for spouse-child domestic assault charge

Glencoe, MN |

Our teenage son has pushed boundaries and rejected consequences for behavior (e.g., additional chores, grounding). He pushed a conflict with my wife until there was a physical altercation. She was arrested and charged with 5th degree misdemeanor domestic assault and 5th degree assault. A no contact order was issued, then repealed (per son's request). Both are home now. He wanted a break to cool down, not charges, but an officer who was nearby heard his shouting and came to investigate. That's when the arrest was made. He and I have contacted the prosecutor's office because he wants charges reduced or dropped. She has a public defender and no prior criminal history. A conviction will derail her career (in a degree program that leads to licensure). Options?

Attorney Answers 4

Posted

This situation has a potential of marring your spouse's licensed career permanently, thus, the case has to be disposed of very delicately.
It is a good thing that your spouse has a Public Defender, however, to be truly certain of all possible options, I suggest to meet with a local private defense counsel in confidence to discuss the case's details further.

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Posted

Since she currently is represented by a public defender, that is the person who would be best suited to answer your question. There are many options as to how to handle the case, some which would result in the case ultimately being dismissed. Your wife can choose to hire a private attorney at anytime, at which point a more detailed analysis can be conducted. Also, a lot may also depend on what the officer actually heard.

As for now, I would advise not to post any specific facts of the case online. These forums are not protected, and could possibly be used in court.

I hope you find this information helpful. I wish you, and your family, the best of luck.

Andrew Leone
612-356-2529
leonelegal@gmail.com

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Posted

Since she currently is represented by a public defender, that is the person who would be best suited to answer your question. There are many options as to how to handle the case, some which would result in the case ultimately being dismissed. Your wife can choose to hire a private attorney at anytime, at which point a more detailed analysis can be conducted. Also, a lot may also depend on what the officer actually heard.

As for now, I would advise not to post any specific facts of the case online. These forums are not protected, and could possibly be used in court.

I hope you find this information helpful. I wish you, and your family, the best of luck.

Andrew Leone
612-356-2529
leonelegal@gmail.com

Mark as helpful

Posted

There are few options. The prosecutor can elect to dismiss the charges if your son refuses to cooperate and asks that he/she do so. But, there is no guarantee that he/she will drop the charges - they don't have to. A police officer became involved, and he undoubted made a report/observations/took statements, etc. Your son probably said some very damaging things to the cop in the heat of the moment. But, unless they are totally untrue and can be proven so, those statements will be very damaging. Now, honestly, this probably isn't a "go to jail" situation, but it will certainly impact her career. So, you need to hire an attorney and work hard to get it dismissed or reduced to something like disorderly conduct.

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