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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: 1 month ago.Category: Legal
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Answered in 7 minutes by:
1/7/2018
Lawyer: RobertJDFL, Attorney replied 1 month ago
RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 14,334
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?

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Customer reply replied 1 month ago
Assault 5th degree inflict or attempt bodily harm and disorderly conduct is what I've been charged with
Lawyer: RobertJDFL, Attorney replied 1 month ago

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

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Customer reply replied 1 month ago
Ok
Lawyer: RobertJDFL, Attorney replied 1 month 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.

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Customer reply replied 1 month ago
I have restraining order on that person and she spit her saliva on me and I defended myself
Customer reply replied 1 month ago
Hallo
Lawyer: RobertJDFL, Attorney replied 1 month 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.

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Lawyer: RobertJDFL, Attorney replied 1 month 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.

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Lawyer: RobertJDFL, Attorney replied 1 month 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.

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Lawyer: RobertJDFL, Attorney replied 1 month 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.

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RobertJDFL
RobertJDFL
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