Assault Defense Attorney Serving Minnesota
If you're dealing with a misdemeanor, gross misdemeanor, or felony assault charge, you may feel overwhelmed and uncertain about what lies ahead. The criminal justice system is complex, and assault charges can carry severe consequences. With an experienced assault lawyer at your side, you can fight these allegations and work toward a brighter future.
At Universal Defense, LLC, we understand the stakes and are here to provide a defense strategy tailored to your situation. Whether you or someone you know is facing assault allegations in Minnesota, our team can help. Request a free consultation with an assault defense attorney today!
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How Assault Is Defined in Minnesota
Under Minnesota law, assault encompasses a range of behaviors involving harmful or offensive contact, or the threat of such contact. This can include physical acts, such as hitting or pushing, or a threat that causes another person to fear for their safety. The key element in an assault charge is the intent behind the action, which means the prosecution must prove that you intended to harm or instill fear within the alleged victim.
Examples of assault charges include:
- Committing an act with intent to cause fear
- Threatening to physically harm someone
- Attempting to physically harm someone
- Inflicting bodily harm onto another individual — simple assault
- Physically harming someone using a dangerous weapon — aggravated assault
- Domestic assault
- Sexual assault
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Degrees of Assault in Minnesota
Minnesota law classifies assault charges in various degrees, depending on the severity of the harm caused, whether a weapon was involved, and the identity of the alleged victim (such as a peace officer or a vulnerable adult). An assault lawyer at Universal Defense can provide valuable insights into how Minnesota law applies to your specific situation and guide you through the next steps.
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Fifth-Degree Assault
Fifth-degree assault involves attempting to cause bodily harm or placing another person in fear of imminent harm. This charge is generally a misdemeanor, carrying up to 90 days in jail and fines up to $1,000. However, repeat offenses can result in gross misdemeanor charges with more severe penalties.
Fourth-Degree Assault
Fourth-degree assault charges are often brought when the victim is a public official, such as a police officer or correctional employee, firefighter, medical personnel, or school employee, and the assault occurs while they are performing their duties. This charge can be a gross misdemeanor or a felony, depending on the circumstances, and penalties can include up to three years in prison and fines up to $6,000.
Third-Degree Assault
Third-degree assault is charged when a person inflicts substantial bodily harm onto another person. It can also apply if the victim is a minor and if the defendant has a history of child abuse. This felony charge carries up to five years in prison and fines up to $10,000.
Second-Degree Assault
Second-degree assault also involves substantial bodily harm, but with the use of a dangerous weapon. This charge is a felony and can lead to up to 10 years in prison and fines up to $20,000.
First-Degree Assault
First-degree assault is the most severe charge and involves inflicting great bodily harm on another person or assaulting a police officer, firefighter, or correctional employee with a deadly weapon or deadly force. Conviction for this charge is a felony and can result in up to 20-30 years in prison and fines up to $30,000-$40,000.
Levels of Bodily Harm
Minnesota law distinguishes assault injuries into the following three categories:
- Bodily Harm: Any physical pain, injury, illness, or impairment.
- Substantial Bodily Harm: A temporary injury causing disfigurement or impairment of function, like a nose fracture or injury to an organ. These injuries will eventually heal and return to normal function.
- Great Bodily Harm: Refers to an injury that creates a high chance of death. The victim may sustain injuries of permanent disfigurement or permanent loss of function.
Assembling the Best Defense
Building an effective defense requires a thorough investigation, gathering evidence, and understanding the nuances of the legal system. That’s why individuals throughout Minnesota turn to our experienced criminal defense lawyers for support whenever they’re facing assault charges. We work with each client to create a tailored defense strategy that is designed to counter the prosecution’s case. These strategies may include:
- Self-Defense: If you acted to protect yourself or someone else, we could demonstrate that your actions were justified under the law.
- Lack of Intent: Intent is a crucial component in assault cases. We may argue that you did not intend to cause harm or threaten harm, which could lead to reduced charges or even a dismissal.
- Insufficient Evidence: Prosecutors must prove their case beyond a reasonable doubt. If the evidence against you is weak or inconsistent, we can challenge its validity.
- Mistaken Identity: In some cases, a mistaken identity defense could apply if the evidence suggests that someone else committed the assault.
Timing Is Everything — Speak With a Criminal Defense Attorney
It’s easy to become paralyzed by fear when facing an assault allegation. However, you do not want to wait to act. Evidence can disappear, memories can fade, and witnesses may become difficult to locate over time. Taking immediate action also ensures you have ample time to review the charges against you and build a strong defense.
An assault charge doesn’t have to define your future. We view every case as unique, so you can trust us to take the time to listen to your concerns and thoroughly evaluate the details of your specific situation to establish the best defense. Contact our law office today to schedule a free consultation and begin moving forward with confidence.