Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I had a restraining on this lady and she saw me at a wedding…

Customer Question
I had a restraining...

I had a restraining on this lady and she saw me at a wedding then I did self defense then the investigator charged then what is the law gonna do

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Minnesota

Lawyer's Assistant: Has anything been filed or reported?

Yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just that

Submitted: 6 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 7 minutes by:
1/7/2018
Lawyer: RobertJDFL, Attorney replied 6 months ago
RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 15,210
Experience: Experienced in multiple areas of the law.
Verified

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. To clarify, you allegedly attacked this woman who had a restraining order against you in self-defense and then you were charged?

What were you charged with, and what exactly happened to lead to the altercation? Did they attack you first?

Ask Your Own Legal Question
Customer reply replied 6 months ago
Assault 5th degree inflict or attempt bodily harm and disorderly conduct is what I've been charged with
Lawyer: RobertJDFL, Attorney replied 6 months ago

Okay, give me a few minutes to look up the relevant state laws and type out a reply.

Ask Your Own Legal Question
Customer reply replied 6 months ago
Ok
Lawyer: RobertJDFL, Attorney replied 6 months ago

A Fifth Degree Misdemeanor Assault conviction is punishable by a maximum sentence of up to 90 days in jail and a $1,000 fine, or both. It is important to note that persons convicted of Fifth Degree Assault don’t always serve the maximum possible jail sentence or pay the maximum possible fine; however, some time in jail is common after a conviction for Fifth Degree Assault. But a judge could also, if you are convicted sentence you to just probation. Now, that's also not to say you wouldn't possibly have a defense to this. You mentioned self-defense. If you were defending yourself or others against an attack, then you can argue that.

In Minnesota, a “disorderly conduct" is a misdemeanor offense carrying a maximum punishment of 90 days in jail or a $1,000.00 fine, or both. Something like brawling or fighting can result in a disorderly conduct charge. The most common disorderly conduct scenarios are assaults, domestic assaults, bar fights, brawls and altercations involving alcohol such as heated arguments. With these types of cases, disorderly conduct charges are often added as leverage by the prosecution. Because the definition of disorderly conduct is so broad, simple acts can constitute disorderly conduct – such as arguing loudly in the street.

Prosecutors often charge persons with both disorderly conduct and a more serious offense, such as domestic assault or some type of gross misdemeanor, and then offer to dismiss the more serious charge in exchange for the person pleading guilty to the disorderly conduct.

Another common scenario is when a person is charged with assault only but agrees to plead guilty to either an “added" charge or “amended" charge of disorderly conduct. Because many charges are often “plead down" in this way, disorderly conduct is a common charge in Minnesota.

For persons with no criminal history who are convicted of disorderly conduct, receiving jail time is highly unlikely. Typically the person is ordered to pay a monetary fine in the range of $200.00 to $500.00 and to also complete community service. Nearly every disorderly conduct conviction comes with probation, typically for 1 to 2 years, and conditions that the person remain law abiding and commit no “same or similar" offenses.

Please let me know if I can clarify anything or provide you with additional information. Thank you.

Ask Your Own Legal Question
Customer reply replied 6 months ago
I have restraining order on that person and she spit her saliva on me and I defended myself
Customer reply replied 6 months ago
Hallo
Lawyer: RobertJDFL, Attorney replied 6 months ago

If she approached you and then without provocation assaulted you by spitting on you, I would say you have a good argument for self-defense, but given that you have been charged, what you will want to do is get a defense attorney, either before your court case, or if you cannot afford a lawyer, at your first court hearing, tell the court that you need a lawyer to be appointed for you.

Ask Your Own Legal Question
Lawyer: RobertJDFL, Attorney replied 6 months ago

A defense attorney can negotiate with the prosecutors office to either get the charge dismissed or if the prosecutor's office won't do that, to reduce the charge(s) against you. Of course, you always have the right to take it to trial.

Ask Your Own Legal Question
Lawyer: RobertJDFL, Attorney replied 6 months ago

Please let me know if there is anything I may clarify for you or if there is any additional information that you need. Thank you.

Ask Your Own Legal Question
Lawyer: RobertJDFL, Attorney replied 6 months ago

If there is nothing additional I can clarify for you, or additional information I can provide you, please do remember to leave a positive rating for me by clicking on the stars at the top of the page as that is the only way experts like myself are compensated by the website. Thank you.

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask RobertJDFL Your Own Question
RobertJDFL
RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 15,210
15,210 Satisfied Customers
Experience: Experienced in multiple areas of the law.

RobertJDFL is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,408 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,066 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
Got caught having sex in apartment between truck and car
Got caught having sex in apartment between truck and car with girlfriend. Didn't think anyone could see us then an angry lady walks up with her phone outta no where catches my license and us but I don… read more
LegalGems
LegalGems
Juris Doctorate
12,530 satisfied customers
I have some legal questions and I am hoping to get some help
Hello, I have some legal questions and I am hoping to get some help on them. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
13,220 satisfied customers
I was just looking because I had an incident where I slapped
I was just looking because I had an incident where I slapped my neighbor. No charges were filed but she is now saying she got a concussion. Not sure what she is going to do with that. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
194 satisfied customers
I got into a heated conversation with a co-worker and I punched
I got into a heated conversation with a co-worker and I punched once in the face after he spit at me. My punch knocked him and he suffered tear in the jaw. That was on Sunday night but he only reporte… read more
Zoey, JD
Zoey, JD
Doctoral Degree
194 satisfied customers
Ms. N just broke with her fiance about 2 years ago. During
Ms. N just broke with her fiance about 2 years ago. During their relationship, he lived in Minnesota while she lived in Maryland. He scammed her out of close to $30,000 claiming that he was setting up… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
I was at Harrah's in NC and went Chris Ruth Steak House Restaurant
I was at Harrah's in NC and went Chris Ruth Steak House Restaurant for dinner with a friend of mine. After arriving at Chris Ruth Steak House I ask the lady at the front Stand if she have any way to c… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
37,046 satisfied customers
I want to move back to Colorado with my kids. I am being verbally
I want to move back to Colorado with my kids. I am being verbally abused in front of my kids. We had move to Minnesota in February I currently done.have a job. Will I be charged with kidnapping if I m… read more
socrateaser
socrateaser
1,031 satisfied customers
minnesota driver was driving a moving van with an attached
minnesota driver was driving a moving van with an attached car trailor from Minnesota to Arizona. while in Arizona, driver went to pass a vehicle. About twenty miles down the road, a traffic officer p… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
My daughter is 17 she had a fight in school girl slapped her
My daughter is 17 she had a fight in school girl slapped her and she fought the girland got charged with assult3 and she never been arrested before what should I do and why cant people defend themselv… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,770 satisfied customers
15 years ago i changed the spelling of my first name. and changed
15 years ago i changed the spelling of my first name. and changed my last name ot my fiances name before the wedding i chnaged my calif id social security card driver license and we opened up a bank a… read more
AlexiaEsq.
AlexiaEsq.
Managing Lawyer/Advocate
Doctoral Degree
37 satisfied customers
Well i dotn know where to begin. I had woman throw on the ground
Well i dotn know where to begin. I had woman throw on the ground by my hair and start slapping and punching me. I got issued a ticket because she claims I slapped her. How do i go about proving self d… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,147 satisfied customers
Hi in 1995 i was 18 and got involved with check forgery. As
Hi in 1995 i was 18 and got involved with check forgery. As a result I got a felony on my record, and I would like to know if that can be removed. I have never had any trouble since then and have alwa… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
Police arrested me for disorderly conduct at a wedding party
Police arrested me for disorderly conduct at a wedding party where someone called and lied that I had a knife or gun. I also got my hand broken and a neck injury by two relatives that assaulted me bef… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
hello my name is thomas ive been home since july 23 and this
hello my name is XXXXX XXXXX been home since july 23 and this lady that was visiting me bought me a phone well after while i tried to give the phone back so she talked to the police and stated that i … read more
LADYLAWYER
LADYLAWYER
Owner of my own law firm
Juris Doctor
6,438 satisfied customers
My 15 yr old daughter is having sex with 16 yr old male as
My 15 yr old daughter is having sex with 16 yr old male as she is under his spell and they discovered true love thru sex.SHE WAS A VIRGIN before she met him .What is my recourse against this 16 yr old… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
I HAVE ALREADY FILED TELEPHONE HARASSMENT PAPERS ON A WOMEN
I HAVE ALREADY FILED TELEPHONE HARASSMENT PAPERS ON A WOMEN MY HUSBAND HAD AN AFFAIR WITH. HE HAS FELT COMFORTABLE TELLING ME BITS AND PEICES ABOUT THINGS SHE HAD TOLD HIM ABOUT THE LAST PHONE CALL SH… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
My wife has a restraining order against me.she got broke so ...
My wife has a restraining order against me.she got broke so she asked me to come and live with her and she told me she cancelled the restraining order and with her lawer because she has another case.I… read more
Mr Lofton
Mr Lofton
Doctoral Degree
702 satisfied customers
if the plaintiff conceals information in regards XXXXX XXXXX
Oh, now I understand. The application is asking her to confirm if she was charged with DV which she failed to acknowledge. You can let the court know that the plaintiff failed to acknowledge this info… read more
LawNinvest
LawNinvest
Attorney
Juris Doctorate
66 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x