My son has to appear in court. The charges are 5 degree assault. He hit another man in the face after he was hit first. The assault happened...

Question

My son has to appear in court. The charges are 5 degree assault. He hit another man in the face after he was hit first. The assault happened in my sons own home. Doesn't he have the right to defend himself? What will happened to him? The other man involved is also being charged. Does my son need a lawyer?

Answer

Yes he needs a lawyer. Self defense is a legitimate claim to raise, but complicated legal maneuvering is involved to have any chance of success. Defense of home might also come into play. Yes, generally we all enjoy the right to defend ourselves and our home. Get an experienced attorney on board right away.

651 994 6744

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Answer

Get a lawyer. Don't talk to anyone about this. Only a lawyer.

Nathan Hansen

651-704-9600

Answer

Your son should consult an attorney who specializes in criminal defense. From your description there are issues that should be explored. The castle doctrine may apply to this situation and self defense and defense of the home could be raised. We would be glad to give a free consultation just call to schedule an appointment, remember that he should exercise his right to remain silent and not say anything to anyone until he has spoken to competent counsel. call us at 763-421-1441.

Answer

Your son should speak with an attorney with no delay so she/he can begin to assist your son. Also you should not post details of this matter on a public website. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Criminal Defense Attorney, http://dwyerlawfirm.net

Answer

Thank you for the inquiry.

Your son should certainly hire counsel. Whether or not self defense is viable depends on the facts. SImply being in one's own home is not enough. The facts must be reviewed to determine the nature of the threat. .

A fifth degree assault is a misdemeanor and carries with it penalties of up to 90 days in jail and a $1000 fine. In addition to the possibility of jail time, an assault conviction also has broad ranging collateral consequences. As a result, it is extremely important to protect your public and criminal record.

First, if convicted of an offense, employers who require a background check will not hire you. That is particularly true if you work closely with customers or in some other service oriented profession.

Second, many landlords now perform background checks for applicants and, if you decide to rent, you may be denied an apartment with a crime of violence such as an assault on your 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.

Often, the best defense is a good offense. In most instances, an argument for self defense or defense of others may be made and Motions should be served to acquire all statements and medical records from the prosecution.

For a FREE consultation call 612.240.8005