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DWI, OWI, DUI, Drunk Driving, Boating while intoxicated (BWI), snowmobiling while intoxicated, theft, fraud, homicide, assault, hit and run, driving after suspension (DAS), drug charges, driving after revocation (DAR), driving after cancellation (DAC)
On this page you may discuss your Wisconsin or Minnesota criminal case with others or ask a legal question. Please remember to identify the state of the violation in your question and the charging statute number if known. For a consultation call or for emergency assistance call 612.240.8005.
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Subject Fifth Degree Assault
Date Tue Apr 21 2009 08:00
Author Maury D. Beaulier
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A fifth degree assault can be very serious. It requires that the person acted with an intent to harm someone or that the other person was in reasonable apprehension of physical harm from an act. When the alleged victim is a spouse or other family member, things become even more serious and it is charged as a fifth degree domestic assault. A fifth domestic 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 that person's public and criminal record. First, a person convicted of a fifth degree assault or any assault offense, may have a very difficult time finding employmeng. Employers who require a background check will not hire people with such a record. That is particularly true if eht job includes working closely with customers or in some other service oriented profession. Second, many landlords now perform background checks for applicants and, if a defednant decides to rent, he may be denied an apartment with a crime of violence such as an assault on his 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. In the criminal matter, 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. With regard to the bills, there is nothing that requires your son to pay those bills unless or until a court order is entered in a divorce or legal separation giving him that obligation. The utility company could still pursue him for payment so long as he is listed on the debt. His remedy is to file for divorce or legal separation where a court can decide the rights of the parties. For a FREE consultation call 612.240.8005 |
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