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What kind of time can someone get in minnesota for a domestic assult

Owatonna, MN |

prosecuting attorney is willing to drop a domestic assult to a disorderly conduct does that mean this person would have a good chance in a jury trial also the witnesses and victim refuses to testify against the defendent. what are the fines and sentence time on both of these charges in minnesota.

Attorney Answers 3


Persons with no criminal record, or at least no prior domestic assault convictions, are often offered disorderly conduct pleas as a "break" and also to manage the high volume of court cases (and of course to get a guilty plea). It sounds like your charge is a misdemeanor domestic assault which is punishable by 90 days in jail and/or a $1,000 fine maximum. If this is your first offense, your attorney may be able to negotiate a plea whereby you serve no jail time and pay a less-than-maximum fine and perhaps some community service and/or counseling. Any negotiated plea agreement will depend on the specific facts of your case. If the alleged victim decides to "disappear" before trial, it potentially weakens the State's case. The court issue a witness warrant to bring the alleged victim into court whereby the trial could be continued, the court could dismiss the case or the State could press forward with trial without the alleged victim's testimony.

In short, you should get a lawyer to help you navigate your options. Feel free to call for a complimentary case evaluation - 612-338-5007.

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what if the victim and witnesses refuse to testify against the defendent say they say they plead the fifth.

Christopher Wesley Keyser

Christopher Wesley Keyser


It's a possibility they will stick to pleading the fifth but it's always dicey when the person is actually sitting in the jury box. Attorneys will obviously try to squeeze info out of them and many people crack under the pressure of being in front of a jury.


Generally a first offense often does not have jail time. If the victim and witness are uncooperative it hurts the state's case, but some prosecutor's will play hard ball with the victim, especially if he or she already gave a statement to the police. Fine is often around $300 to $500. Again this presumes this is the only conviction, but if the prosecutor is willing to drop to disorderly it usually is the first time or the case is weak. Please feel free to call to discuss further. Robert Manson 651-604-0711.

The opinions in this answer are based upon limited facts. Specific facts can change advice and answers provided. The answer provided herein is not meant to be relied upon as a legal opinion and is only provided for general guidance. No attorney-client relationship is meant to be formed by the posting of this answer.

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It sounds as though the domestic assault charge is a misdemeanor offense. A charge of disorderly conduct is also a misdemeanor offense. Any misdemeanor offense in the State of Minnesota is punishable by a maximum of up to 90 days in jail and/or up to a $1000 fine.

Whether a defendant would have a "good chance" at trial would only be answerable after a more in-depth examination of the specific facts of the case. There may be many reasons why a prosecutor would offer the disorderly conduct, including, but not limited to: (1) having a weak case; (2) acknowleding that the incident itself is not a terribly egregious occurrence; (3) acknowledging that the defendant has little or no prior record of violent or assaultive conduct; not wishing to devote the time and effort into preparing for and litigating a trial; or other reasons.

Anyone charged with an assault, even at a misdemeanor level, should retain an attorney to handle the case. There are far-reaching consequences to having an assult conviction on one's record.

Communications made as part of the question and answer forum on AVVO or other initial consultation(s) do not establish an attorney/client relationship. The content of this answer is provided for informational purposes only, and should not be construed as a source of solicitation or legal advice. An attorney-client relationship is not formed by viewing this answer or by sending electronic mail to the writer. Further, information contained herein is not to be construed as an invitation for an attorney-client relationship.

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