Father needs a lawyer immediately, both to help with potential criminal charges and to advocate for his custody rights with his son.
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The father needs an attorney. If he is deemed indigent by the court, one will be appointed for him. If not, he will need to retain one. The MN and St. Paul bar associations can provide referrals.
The foregoing is for general information purposes and does not establish an attorney-client relationship.
This sounds, from your description, like father will have a good legal defense to these charges. Of course, a full review of all the facts would be necessary. It is very important that he retain an experienced criminal defense attorney to help defense against these charges though. There is also the potential for a child protection case. I have experience doing both. You can contact me at 612-223-7286 to speak further about your case.
Yes, in a family court proceeding a court can consider the care of a child even if the alleged incident occurred when the parent was just waking up. The conduct still has a bearing on the child's safety. It is e=well established by case law, however, that not ever swat on the behind constitutes abuse. the nature and degree must be considered.
In a criminal proceeding for assault, the actor must have the requisite "intent" to be found guilty of a crime. As a result, his.her state of mind is important. Again, not every punishment for a child equates to malicious punishment or assault.
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He needs to speak with a lawyer, either a private attorney or a public defender, so that he can fully be informed of his rights. After reviewing discovery, that attorney could properly answer his questions and begin to prepare his defense.