Saturday, June 23, 2012

Minnesota Assault (Explained)

If you have been charged with an Assault crime in Minnesota you may be concerned that you could be facing serious consequences - like jail and a large fine.  Understanding that, as an experienced Minnesota Criminal Defense Attorney, I know the kind of stress this can cause and I will fight for you as you face the prosecutor, the judge --- and the jury.

Felony Assault charges can result in very severe penalties and jail time. Shoot, even the least serious Assault charge -  5th degree misdemeanor Assault - can result in real fines, possible jail time, and a permanent criminal record that will follow you for the rest of your life.

There may be a perfectly logical explanation to your behavior the night of the incident. You were acting in self defense, or it was a mutual disagreement that escalated. These kinds of sloppy arrests happen all the time, unfortunately. But now you have a complicated criminal legal problem you need to sort out.

Or maybe you made a made a mistake you now regret. We are interested in learning what exactly led up to your charge.

Having successfully defended many assault cases like yours in Minnesota, I know what you are up against. I know the Minnesota criminal courts - from the prosecution side and the defense side -  and I can put that knowledge to work for you.

Minnesota Assault Laws & Penalties

First Degree Assault

If you commit Assault that causes great bodily harm to someone you may be charged with this serious felony.  “Great bodily harm” is defined as injury which causes substantial risk of death or causes disfigurement or loss or loss of use of any organ or bodily member.

Second Degree Assault

You may be charged with 2nd degree Assault if you assault someone with a dangerous weapon. If the alleged victim suffers “substantial bodily harm” you will face a potential sentence of up to 10 years and fines of $20,000. However, if there is not “substantial bodily harm”, the potential sentence is dropped to up to 7 years in prison and $14,000 in fines.

Third Degree Assault

There are three ways in which 3rd degree Assault can be committed. If you do any of the following you could face this serious felony charges:

  • Assault resulting in substantial bodily harm 
  • Assault on a minor where there is a history of abusive behavior 
  • Assault on a victim under 4 years of age 

Fourth Degree Assault

You may face 4th degree Assault charges if you assault certain people. For instance, Assault on a police officer in the line of duty,  school officials, corrections officers, firefighters, or an EMT can also land you with a 4th degree assault charge.

Also, if you assault someone because of bias in regards to their religion, race, sexual preference, or disability you could also face gross misdemeanor charges.

Fifth Degree Assault

You may be charged with misdemeanor 5th degree Assault (and face up to 90 days in jail and a $1,000 fine or both) if you  commit an act with intent to cause fear of bodily harm or death or if you intentionally inflict or attempt to inflict bodily harm on another.

Get Your Free Consultation 

Facing prison terms and hefty fines can leave you with a lot on your mind. The only way to know for certain what you are facing is to consult with an experienced Minnesota Criminal Defense Attorney. Call the Rolloff Law Office at (612) 234-1165 to set up a FREE consultation on your Assault case today.

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