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Felony Assault - Plea Bargain/Adjudication

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  • 11-03-2009, 08:08 AM
    scaredtoo
    Felony Assault - Plea Bargain/Adjudication
    My question involves criminal law for the state of: Minnesota A brother and sister went to a bar, the sister started teasing a guy about what he was wearing. He got mad, called her names, spit in her face, threatened to slit her throat and pushed her. The brother reacted by hitting him in the face, unfortunately he had a bottle in his hand which ended up cutting his hand and the other guys face. The state brought charges against him, he is facing 4 counts of felony assault. (1st, 2-2nd and 1-3rd) A lawyer was hired and he has been offered a stay of adjudication by the prosecuting attorney if he pleads guilty to 2nd degree. He would have to do some jail time and some monetary restitution for the other guys medical bills, probably some probation. How do you decide if you should take the deal or go to trial. He was defending his sister, this was not premeditated, there were many witnesses.
  • 11-03-2009, 10:15 AM
    Arf417
    Re: Felony Assault - Plea Bargain/Adjudication
    How to decide to take the deal? Well your lawyer should be able to give you the best advice on this. Just because they guy called the girl names and spit on her does not give anyone the right to use a weapon (bottle) against the person. After the incident happened, the police should have been called. I can understand the brother getting angry and it would have been better for him to at least not use a bottle, and just his hand as it would not be a felony, but that is out of the question now. He sounds guilty and there wont be much of a defense for it. It's not self-defense so I dont know what can be done. Depending on the deal, it may be the best since you def do not want to be convicted on 4 felonies and have the possibility of prison time.
  • 11-05-2009, 01:35 AM
    tc498
    Re: Felony Assault - Plea Bargain/Adjudication
    The guy had no weapon,spiting on someone then the other person hitting him with a bottle is excessive force. I don't blame the guy,morally it's justified but legally he is probably guilty. If he is convicted at trail he can be facing years in jail,the plea deal might be his best option. Maybe he can arrange a few months,house arrest,the worse part might be having a felony especially a violent on his record. Also if found guilty at trail he probably gonna be sent to state jail or whatever it is,a few months at county isn't as bad.

    He should ask his lawyer what his chance at trail is,if this is the best deal he can get.It sounds like he should take it,the lawyer is the best person to advise him.
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