Rochester, MN asked in Criminal Law and Personal Injury for Minnesota

Q: I was being wrongfully accused of trying to kidnap a baby. I spit at a girl and she punched me. Only I’m being charged?

I was knocked down into a wooden barrel and the ambulance had to come. This was at a wedding. The mother of the groom came over and threw her glass of wine on me as I lay there defenseless. I understand that I instigated it by spitting at the girl but she was screaming and telling people that I was trying to steal a baby, which was in fact a clear lie. So why am I the only one being charged with anything? And two charges; disorderly conduct and 5th degree assault?! Would I have any chance of going and filing assault against her? Two black eyes and it’s triggered my migraines for three days straight now with no relief.

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2 Lawyer Answers
Lucas Wynne
Lucas Wynne
  • Criminal Law Lawyer
  • St. Louis Park, MN
  • Licensed in Minnesota

A: Although you could potentially ask that they file charges against her, what you're really doing is making a report to an officer regarding potential criminal behavior and the prosecutor is left with discretion to charge a crime or not. The issue, of course, is that prosecutors oftentimes will not charge people who claim to be victims in other cases - even if what they did was actually illegal. This is largely due to the reality that charging a "victim" who is supposed to be a cooperating witness may result in them being uncooperative. It sounds like your bigger fish to fry at the moment is fighting the underlying criminal charges you are facing.

Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: If you wanted to discuss this in confidence and in further detail with a personal injury attorney, most law firms that handle injury cases offer free initial consults. They also work on a contingency basis, meaning that the industry norm is no fee unless they win your case. If nothing else, Minnesota personal injury attorneys could advise you about what arrangements are possible with medical care for the ongoing pains you are still experiencing. Good luck

1 user found this answer helpful

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