Wednesday, December 26, 2012

MN Assualt Chrges (Explained)

Assault is defined as the intentional use of violence and force on another person in order to cause bodily harm, or putting that person in fear of being harmed. There are many different types of assault crimes such as stalking, harassment, battery, assault with a deadly weapon, terrorist threats, sexual assault, child abuse and domestic assault. Depending on the circumstances of the case, it can be charged as either a misdemeanor, gross misdemeanor or felony offense. 

Domestic assault is the act of physically harming, threatening or harassing a family member such as a spouse or blood relative, someone with whom you live, a boyfriend, girlfriend, or domestic partner.

As a Minnesota Criminal Defense Attorney, I have worked on hundreds of cases like these.  As a former prosecutor, I can tell you they are tough for the state to prove; however, without a good lawyer by your side - you could be in for a heck of an uphill battle.  

Degrees of Assault

First Degree Assault: This crime is charged when the alleged victim is inflicted with great bodily harm or if the offense is committed against a peace officer.

Second Degree Assault: The defendant may be charged with this offense if a dangerous weapon is used in commission of the crime.

Third Degree Assault: This crime is charged when the defendant assaults another person and causes substantial bodily harm, or if the defendant is accused of assaulting a minor. It is a felony to assault a child under 4 years of age.

Fourth Degree Assault: This charge is a gross misdemeanor that results from assaulting a police officer, fire fighter, or emergency medical personnel in commission of their jobs.

Fifth Degree Assault: This crime can be charged when a person intentionally commits an act to cause fear of immediate bodily harm or death to a victim, or if they intentionally inflict or attempt to inflict physical harm upon a victim.

The Consequences of Conviction - Criinal and otherwise

A conviction in an assault case can result in:

  • Imprisonment
  • Fines
  • Restitution
  • Anger management classes
  • Mandatory counseling
  • A restraining order
  • The loss of your rights to own and possess fire-arms --- forever!
  • Child custody problems (domestic assault)
There are various factors that will determine the harshness of the sentencing, including the severity of injuries resulting from the assault, the use of a deadly weapon such as a gun or knife in the assault (aggravated assault), and the person's prior criminal history.

What Should You do?

If you have been charged with assault, a knowledgeable law firm should be contacted immediately for assistance. Any type of assault case requires immediate intervention by a skilled lawyer who can protect your rights. The Rolloff Law Office offers highly skilled assistance with assault cases, including domestic assault. We are well-versed in assault laws and can provide the qualified and knowledgeable legal representation you will need when fighting domestic assault charges.  Want FREE ANSWERS? Call today: (612) 234-1165.

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