The Critical Difference Between a Disorderly Conduct and an Assault
5th Degree Assault and 5th Degree Domestic Assault are CRIMES OF VIOLENCE, while Disorderly Conduct is NOT A CRIME OF VIOLENCE. Although the statutory penalties are the same, up to 90 days in jail and/or a $1000 fine, the AFFECT ON YOUR LIFE AND LIVELIHOOD can be drastic.
Crimes of violence can DISQUALIFY YOU FROM YOUR JOB OR LICENSE – EVEN A MISDEMEANOR OFFENSE and EVEN IF YOU DO NOT END UP WITH A CONVICTION – a plea or admission is enough. A person who is convicted of or admits to committing a 5th Degree Assault or 5th Domestic Assault is DISQUALIFIED FOR 7 YEARS from working in certain licensed facilities or professions regulated by the Minnesota Department of Human Services. See. Minn. Stat. § 245C.03; Minn. Stat. § 245C.14, subd. 1(1); Minn. Stat. §245.15, subd. 4.
Basically, if you work with/around people in some sort of care capacity, YOUR JOB MAY BE AT RISK. This means nurses, teachers, PCA’s, daycare providers, doctors, hospital staff, nursing home employees, etc. I have even had construction workers/contractors affected if the client’s building is of this type of facility and the client requires a more restrictive background check of the workers at the site.
You may also be PROHIBITED FROM VOLUNTEERING – whether it be your child’s school, coaching a youth sports team, or working with a local organization or other non-profit entity. If they require a background check, you may be told you are not allowed to participate in any capacity.
Additionally, your GUN RIGHTS may be taken away by a conviction of 5th Degree Assault or 5th Degree Domestic Assault. This is not the case with a Disorderly Conduct conviction.
It is important to know how a conviction or admission will affect you, not only in the criminal court system but also in your personal life. Some people have a LOT TO LOSE that can be saved with legal counsel and information.