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What am i facing for first offense 5th degree assault?

Stillwater, MN |

I was pulled in by a police officer after getting in an arguement with my girlfriend. She told them I put my hands on her neck and threatened her. I thought that sounded somewhat what happened and they arrested me on the spot. I spent 3 days in jail and now i have pretrial hearing in feb, I want to know what i plan on facing. We have a child together and this is my first offense and she will be there bc she was not in fear of me and i am not this kind of person and this is a first offense. I want to know what i am facing, more jail time? a fine? she and i are doing counseling and everything. we dont have much money so i dont know if i should have attorney that costs 2500 dollars.

Attorney Answers 1


  1. 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.

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