Results 1 to 3 of 3
  1. #1
    Join Date
    May 2010
    Posts
    1

    Question Gross Misdemeanor Assault Charge

    My question involves criminal law for the state of: Minnesota.


    Long, complicated story, but I'll try to be as concise as possible...

    My boyfriend, while we were both drinking, accidentally threw a glass into my face, which shattered and caused multiple cuts to my face, requiring stitches.

    He ran off to WI before the police came, and three weeks later they served him a summons via postal mail to my address (he had changed his address with the post office only a day or two before, as he didn't have an address until then), charging him with Gross Misdemeanor Assault. At that point I had not heard from him, so I put the summons back in the mail marked "Please Forward."

    He received it the day of his court date, so of course he missed it. He had just been to court in MN the day before for a (first) DUI, and was sentenced to probation.

    He was NEVER informed of the charges, court date, etc by anyone at any time, with the exception of the letter I forwarded.

    I did not ask for charges to be pressed, that was done by the (?) prosecutor.

    Timeline of events: "Assault" occured April 2, Court date for DUI May 19, court date for assault May 20.


    Here's what I would like to know:

    1. Is there any way I can intervene to get the charges dropped?

    2. Will he be just completely screwed for missing court since he's on probation for the DUI? Or can he avoid additional punishment due to the lack of notification/change in address?

    3. Is there any possibility that sentencing for the assault could be in the form of in/out patient treatment/rehab for his drinking?

    4. What is the least possible sentence he could get, and what would have to happen for him to get it? He does have one prior, a 5th degree domestic assault, also against me, from 2003.


    Thank you in advance. I do not want opinions or judgments; please just address the legal aspects. Also, it is in no way financially possible for him (or me) to afford a private attorney. He is unemployed, and I just lost one of my two jobs. No savings, no credit cards, no family to borrow from - nothing.

  2. #2
    Join Date
    Mar 2010
    Location
    atlanta,ga
    Posts
    45

    Default Re: Gross Misdemeanor Assault - Minnesota

    is hard not to give comment with this. but once the State takes over is nothing you can do. now would be THE STATE Vs. YOUR BOYFRIEND to make sure he does not hurt anyone else. in case he kill you next time he would not have another chance to hurt nobody else.
    that's what happended with co-dependent people . not anymore a victim of a crime. if you don't have a voice the state take over. and they would not need you unless you are called to testified if is goes to trial.
    most likely a year in prision and probation.

  3. #3

    Default Re: Gross Misdemeanor Assault Charge

    Quote Quoting Emma777
    View Post
    1. Is there any way I can intervene to get the charges dropped?
    you can certainly tell the prosecutor how you feel, but given that he's already got a prior assault against you, it'll go in one ear and out the other. At this point, the prosecution's stance will be that you are either unwilling or unable to get out of a relationship with a history of crimes against you, so anticipate that they will take the responsibility to keep you two apart in the way that they are able; via trying to put him behind bars.

    2. Will he be just completely screwed for missing court since he's on probation for the DUI? Or can he avoid additional punishment due to the lack of notification/change in address?
    Most states send court notices to the address on a driver license - because most states mandate a very short period of time where a person is REQUIRED to keep THAT address updated, regardless of what info the post office has. It's certainly possible that if he's got proof of his movements and dates of address changes, that the court COULD overlook the issue. He'll be best served to let his attorney address that issue.



    3. Is there any possibility that sentencing for the assault could be in the form of in/out patient treatment/rehab for his drinking?
    It could be PART of his sentencing, but unless your contention is that he was driving drunk at the time when he "accidently" threw the glass at you, it most certainly will NOT be the ONLY punishment. If he wants to tell the court that he was driving drunk on TOP of the already pending charges, again, he'll want to run that past his attorney (ie not smart).

    4. What is the least possible sentence he could get, and what would have to happen for him to get it? He does have one prior, a 5th degree domestic assault, also against me, from 2003.
    Best possible sentence is probably probation along with some combination of court ordered counseling for alcohol treatment, domestic violence therapy, etc. (which costs money to attend by the way and can be coursework up to a year in length). What it would take for that to happen, given that he's already got a history of DUI and assault against you is to invent a time machine or get a very aggressive private attorney with the time and energy to challenge, challenge, challenge, or deal, deal, deal, with the prosecution (and even then, the outcome may be the same). Realistically it could come down to how overburdened the local courts are, and how well the defense attorney and prosecution work together to work out a plea deal. But even an excellent outcome is highly likely to include SOME incarceration time, and you should both be aware that the court could also issue a restraining order keeping you two apart. (Remember, the court's goal here isn't just to punish him, it's also to keep him from committing ADDITIONAL crimes, particularly against you. IF such an order is issued, and violated, he's about certain to face ADDITIONAL jail time.)


    Also, it is in no way financially possible for him (or me) to afford a private attorney. He is unemployed, and I just lost one of my two jobs. No savings, no credit cards, no family to borrow from - nothing.
    He should be requesting the services of a public defender, and he should be speaking to his attorney and ONLY his attorney about his case. And if you plan to continue this relationship, assuming that there is some scenario where he isn't behind bars, you need to be putting away money NOW to pay for his court costs, plus the costs of thereapy or counseling that is likely to be ordered (where failure to complete that therapy will be a sure path to incarceration).

    1. Sponsored Links
       

Similar Threads

  1. Expungement and Sealing: Expungement of Misdemeanor Simple Assault Charge
    By AgentU in forum Criminal Records
    Replies: 1
    Last Post: 02-06-2009, 12:59 PM
  2. Expungement and Sealing: Sealed or Expunge a Misdemeanor Assault Charge
    By osucara in forum Criminal Records
    Replies: 5
    Last Post: 05-29-2006, 09:01 PM
  3. Assault & Battery: Class C Misdemeanor Assault Charge
    By moccap533 in forum Criminal Charges
    Replies: 2
    Last Post: 03-16-2006, 03:17 PM
  4. Expungement and Sealing: Clearing a misdemeanor assault charge
    By dawn2265 in forum Criminal Records
    Replies: 1
    Last Post: 03-12-2006, 12:35 PM
  5. Expungement and Sealing: Expungement of a Misdemeanor Assault Charge
    By dallasmisdemeanor in forum Criminal Records
    Replies: 1
    Last Post: 11-02-2005, 12:11 AM
 
 
Sponsored Links

Legal Help, Information and Resources