What to do if my 18 year old grandson was arrested for battery?

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What to do if my 18 year old grandson was arrested for battery?

He is a little mentally challenged. He went in front of the judge today said. He pled guilty and said that he didn’t want a public defender. He was then was told 90 day in jail with a fine and a court fee. Then he pled not guilty. So is there some way to get a hold of a public defender to help him understand? And how would I go about doing that? He has been under a doctor’s care for over 8 months due to the mental issue.

Asked on July 22, 2013 under Criminal Law, Idaho


Maury Beaulier / MinnesotaLawyers.com

Answered 10 years ago | Contributor

A fifth degree assault can be very serious.  It requires that you acted with an intent to harm someone or that the other person was in reasonable apprehension of physical harm from an act. 

A fifth 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 your public and criminal record.  

First, if convicted of a fifth degree assault or any assault 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 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.



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