Assault & Battery 5th Degree Assault and Disorderly Conduct.

D

DanSmith768

New Member
Jurisdiction
Minnesota
Hi, I am a 31 year old male, who has severe panic attack disorder, Anxiety and Depression.
Therefore I take Lexapro (30 mg daily) and Klonopin (.5 mg "As needed")
It's difficult for me to leave my home without being on the medications and am on Disibility.

The event happened on a Friday, I decided I wanted to hangout with my cousin and agreed to have a few drinks with him, not knowing exactly what the effects of drinking while having Klonopin in my system (I've had no issues with drinking with Lexapro in my system)

Long story short, After about...... 9 Alcoholic drinks I was talked into going to the local Bar.
Where I ordered 3 Long island ice teas
(google says each drink contains 5 shots of liqueur in each glass one shot for each type of alcohol. vodka, gin, rum, tequila, triple sec ??)

I pretty much Blacked out completely in a dream-like state having to watch myself do things out of my control, I only have about 75% of my memory from that night.
But I remember hitting a guy in the face most likely for no reason at all and getting kicked out of the bar, where I black out again and remember a female walking across the street where for no reason at all I also hit her.

The cops come and are asking me questions and everything is calm, my cousin walks up to me to talk to me (with the polices permission)
and my Brain invents this scenario that the cops are going to Taser my cousin and I plead with the cops not to taser him and i try to get my cousin to go away so he doesnt get tased.
I prob look at a cop and ask him not to tase my cousin like 5 or 6 times before the cop says if you ask me not to tase your cousin again im taking you to jail. Which made me pull out my Phone and dial 911 which..... i dont know why lol....

I later find out the next day that not only did I punch a guy, I also hit 3 separate Females
Also banned from the bar.
Anyways I got a Citation for 5th degree Assault and Disorderly Conduct-Fighting

Am I able to fight this, not by using the excuse "I was drunk"
But I legit had no control because of the medications and I never intended to hurt anyone ever. One of the females was a friend of mine as well.

(Side story)
The Bar put my name on their Fridge the next day a long with the words "Woman Beater"
and are Advocating and inciting violence for their customers to find me and assault me.
Is that Legal?

Do I plead guilty, not guilty, or just pay the Citation? any advice would be greatly appreciated
 
Plead not guilty, hire a lawyer, and stop talking.
If you can't afford a lawyer, ask the court if you qualify for a public defender.

You also need to prepare for several civil lawsuits.

Stop trying to explain, because your explanation only serves to convict you.

You admit to imbibing NINE alcoholic beverages before proceeding to the bar and imbibing the equivalent of FIFTEEN more (5*3 LI iced teas)!!!!

Your explanations serve only to damage any potential defenses your attorney might try to assert.

Stop blabbing, see a lawyer.

Sadly the criminal al issues might just be the tip of the ICE-TEABURG.
 
I figured I could fight it because the massive amount of alcohol + the medications I took put me in a State of mind that I had no control over.

Isn't it true for a Crime to be a crime you have to prove intent?
And I most certainly never intended to hurt anyone or punch my own female friend.
There's no intent it was just lashing out at whoever was closest apparently.
 
DanSmith768 said:
I figured I could fight it because the massive amount of alcohol + the medications I took put me in a State of mind that I had no control over.

Isn't it true for a Crime to be a crime you have to prove intent?
And I most certainly never intended to hurt anyone or punch my own female friend.
There's no intent it was just lashing out at whoever was closest apparently.
Click to expand...


You really need a lawyer, YOUR lawyer.
You have no clue about how the criminal justice system can jack a person around.

Intent is not an element of EVERY crime.

Some crimes are "malem prohibitum" = prohibited actions because our legislators declare certain actions to be illegal. (Drug abuse, drunk in public, etc...)

Other crimes are "malem per se"= an action that is wrong or evil unto itself, such as murder or rape.

Back to intent.

Intent IS an element of theft.
Definition of theft: the taking of the personal property of another with the INTENT to permanently deprive.

There's also general intent, and specific intent.

You need to retain an attorney to defend you for the criminal charge.

Minnesota Statute 609.224 defines Assault in the Fifth Degree in Minnesota. Fifth Degree Assault is far and away the most common assault charge. It may be charged as a Misdemeanor, Gross Misdemeanor or Felony.
Minnesota Statute 609.224, Subdivision 1 explains Fifth Degree Misdemeanor Assault:
"Whoever does any of the following commits an assault and is guilty of a misdemeanor:
(1) commits an act with intent to cause fear in another of immediate bodily harm or death; or
(2) intentionally inflicts or attempts to inflict bodily harm upon another."
Minnesota Statute 609.224, Subdivision 2 defines Fifth Degree Gross Misdemeanor Assault this way:
Whoever does any of the following commits an assault and is guilty of a Gross Misdemeanor if against the same victim within ten years of a previous qualified domestic violence-related offense conviction or adjudication of delinquency the person:
(1) commits an act with intent to cause fear in another of immediate bodily harm or death; or
(2) intentionally inflicts or attempts to inflict bodily harm upon another."

The penalties for Fifth Degree Assault vary depending on who is assaulted, the type of assault committed and the number of prior qualified assaults. 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. A Gross Misdemeanor conviction for Fifth Degree Assault is punishable by up to 356 days in jail and a $3000 fine, or both. Finally, a person convicted of Felony Fifth Degree Assault may be sentenced to imprisonment of up to 5 years or payment of a $10,000 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. Moreover, persons convicted of Fifth Degree Assault will likely be placed on probation for an extended period and ordered to comply with all the rules and regulations of probation. If a probation violation occurs, then the individual may have to pay more fines or serve more time in jail or prison.









As with all criminal cases, depending on the facts of the case, there may be defenses available to the person who is accused. A general list of defenses includes: self-defense, defense of others, intoxication, involuntary intoxication, insanity, necessity, abuse, and several others.



What are the non-criminal consequences of a Fifth Degree Assault Conviction?

Stress: For most people, one of the nasty consequences of any criminal charge is stress. A criminal charge is stressful for the accused and his or her family and friends. The stress comes from: not knowing the legal process and rules; embarrassment of being charged with a crime and having to go to court; the expenses associated with dealing with the criminal charges, the inconvenience of DANCO or other "no contact" orders, and the fear of an outcome in the case that is beyond the defendant's control. Will a jail sentence be imposed? If so, for how long? Will there be fines, if so, how much? Will the case need to go to trial? How much will all this cost? Will I lose my job?

Harm to Employment/Employment Prospects: Under Minnesota law, some employers can fire an employee because of a criminal conviction. In addition, job applications often ask the applicant if he or she has been convicted of a crime. Unfortunately, Fifth Degree Assault is a crime and would have to be disclosed on a job application. Moreover, a conviction for Fifth Degree Assault would most assuredly show up on a criminal background check.

Probation/Probation Violations: The court will order someone convicted of Fifth Degree Assault to be placed on probation. Probation can be intensive or non-intensive and result in travel and other restrictions. If a defendant charged with assault is already on probation for another case, then a conviction could trigger a probation violation on any other cases for which the defendant is currently on probation.
Anger and Chemical Use Assessments. Most judges will order an individual convicted of Fifth Degree Assault to submit to an anger management assessment. In addition, if there was any alcohol or drug use by the defendant in connection with the incident, then the judge will likely also order the defendant to submit to a chemical uses assessment as well.
After the assessment process is complete, the Judge (or probation officer) will review the assessment and associated recommendations. The judge then, as part of the Sentencing Order, orders the defendant to comply with all of the assessment's recommendations. For example, if an anger management assessment recommends that a defendant attend a specific anger management class, then the defendant must attend (and pay for) that specific class. Moreover, if a defendant fails to follow the assessment's recommendations, then a judge may find that the defendant has violated a term of probation and needs to serve time in jail.
 
DanSmith768 said:
I figured I could fight it because the massive amount of alcohol + the medications I took put me in a State of mind that I had no control over.
Click to expand...

The fact that you chose to take drugs and drink yourself into oblivion is certainly NO defense or justification for committing any crimes. Good luck - you need a lot of help.
 
Highwayman said:
The fact that you chose to take drugs and drink yourself into oblivion is certainly NO defense or justification for committing any crimes. Good luck - you need a lot of help.
Click to expand...

According to my calculations, consuming a dozen alcoholic beverages would cause a person to blow over .25.

Ratchet that up to 15-16 such drinks, the person blows about .32 - .35 or MORE.

Our guy admits to consuming 24-25 alcoholic laced be enrages, plus those heavy duty prescription meds.

I'm thinking if he blew, it be .40-.50.

Maybe he didn't consume as much as he thinks?

Man, .40+ is dead dude walking, ain't it?

Assuming most people would blackout, add in the heavy duty prescription drugs, it's a wonder dude lived, less alone was able to launch attacks.

You do this regularly, are my unscientific calculations close?

I know body mass comes into play, plus food consumption, but am I in the ballpark?
 
Sounds accurate- Average person would be wasted after all that.
BAC would depend on body type and time that passed.

I once took a guy into the hospital that had a level up in the .4 neighborhood and the doctors were amazed he was still conscious. People are effected differently.

I sense this guy might be spared the criminal charges if he doesn't have a record and the assault victims don't pursue action. Many AA meetings await.
 
mightymoose said:
Sounds accurate- Average person would be wasted after all that.
BAC would depend on body type and time that passed.

I once took a guy into the hospital that had a level up in the .4 neighborhood and the doctors were amazed he was still conscious. People are effected differently.

I sense this guy might be spared the criminal charges if he doesn't have a record and the assault victims don't pursue action. Many AA meetings await.
Click to expand...

Thanks Moose.
I've seen one that blew a .34 once on a ride along with the sheriff.
The science of BAC always mystified me, until I talked to one of the corporals at a local PD and DPS Sargent at county bar session a few months ago.

I agree, guy might have a defense in MN. There laws offer a little legal shelter.
 
Highwayman said:
Your numbers look good.

Uh, do you always go out drinking with local law enforcement judge?
Click to expand...


LOL, I wasn't drinking with them.
I go out on ride alongs with most of the agencies in the area, including the Texas Rangers.

The county bar association is our county chapter of the American Bar Association, mate.

LOL
 
No, it is not excusable to hit women or anyone else because you were too drunk to control yourself. That has to be the worst excuse for violence against women I have heard. It is your responsibility alone to stay in control at all times. If you take medication, it is your responsibility to read the bottle and make sure drinking isn't going to make it worse, though frankly, once you admit to 9 drinks, you lose all excuses.
 

Share this page

Get a free case review from a lawyer
Back
Top