Minnesota Assault Laws (Explained)

The laws of the State of Minnesota divide the Assault offense into five degrees (or severity levels).  The consequences of a conviction can vary widely from a misdemeanor sentence all the way up to a felony sentence (of 20 years in prison and a $30,000 fine.) The degree for which someone is charged depends on a number of factors including one's prior record and the harm alleged to be inflicted upon the victim.

Believe it or not --- it is not necessary to hit someone in order to be convicted of the crime.  The main element in the crime is intent.  The government only needs to prove that you intended to cause fear in another of an immediate bodily harm or death.  If, after reading this information, you need more information: contact an experienced Minnesota Criminal Defense Attorney.  

Fifth Degree Assault --- Minnesota Statute § 609.224

The fifth degree offense is typically charged as a misdemeanor. It is the simplest form of the charge However, this crime can also be charged as a gross misdemeanor or felony if committed within varying time periods of a previous convictions.

Fourth Degree Assault --- Minnesota Statute § 609.2231

Fourth degree assault can be charged as a gross misdemeanor or felony.  A charge fourth degree charge is usually the result of an assault on a police officer or other emergency personnel.

Third Degree Assault --- Minnesota Statute § 609.223

Third degree assault usually stems from the victim suffering an injury defined as substantial bodily harm.  A third degree charge can also arise from certain bodily harm to a child under the age of four.

Second Degree Assault --- Minnesota Statute § 609.222

Second degree assault is usually charged when the offense involves the use of a deadly weapon.  The maximum penalty for a second degree offense is seven years in prison and a $14,000 fine.  However, if the offense resulted in substantial bodily harm the maximum sentence is raised to 10 years in prison and a $20,000 fine.

First Degree Assault --- Minnesota Statute § 609.221

When the victim suffers great bodily harm (i.e. an injury that creates a high probability of death, serious and permanent disfigurement, or the protracted loss or impairment of a bodily member).  First degree charges can also result from an assault on a police officer involving the use or attempted use of deadly force.  The maximum sentence for a first degree conviction is 20 years in prison and a $30,000 fine.

Consequences

A conviction for assault can have devastating outcomes.  Maybe you will get a jail sentence, maybe you will lose your professional license .. your right to possess a firearm, or maybe you will lose your permanent legal residency status if you are a non-citizens.  Also --- a conviction may impact how future conduct is charged.  Therefore, it is crucial to have an experienced defense attorney in your corner.  

The Rolloff Law Office will be happy to review your case with you and discuss the factors leading to the specific charge that you are facing and we can help to outline a strategy to obtain the best possible result --- based on your specific circumstances. 

Contact us today to set up a FREE CONSULTATION: (612) 234-1165

Fighting Minnesota Domestic Assault Charges

Believe it or not --- you can be charged with Domestic Assault in the State of Minnesota without even physically touching anyone. Due to the often bizarre nature of these charges - and the serious consequences - you should speak to an experienced Minnesota Domestic Assault Attorney.  

What Is Domestic Assault in Minnesota?

True --- it is not necessary to touch the victim in order to be charged with domestic assault. The Minnesota statutes set-forth that if a person commits an act against a family or household member with the intent to cause fear in another of immediate bodily harm or death; or intentionally inflicts or attempts to inflict bodily harm upon another, he is guilty of domestic assault.  The laws further define “family or household members” to include: spouses and former spouses; parents and children; persons related by blood; persons who are presently residing together or who have resided together in the past; persons who have a child in common regardless of whether they have been married or have lived together at any time; a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time; and/or persons involved in a significant romantic or sexual relationship. Under this definition, any violent act could be considered domestic assault if it’s against a family or household member and it causes fear of bodily harm or death; and/or if someone attempts to cause or actually causes bodily harm.

Minnesota Domestic Assault Punishments

There are different levels of a domestic assault offense depending on the circumstances of the alleged crime.Domestic assault is generally a misdemeanor offense, which is punishable by up to 90 days in jail, a fine up to $1,000, or both.Domestic assault becomes a gross misdemeanor if the offender commits a domestic assault within 10 years of a previous domestic violence-related offense conviction or an adjudication of delinquency. A gross misdemeanor is punishable by up to one year in jail, a fine up to $3,000, or both  If a firearm was involved in the domestic assault, further consequences could include forfeiting your firearms as well as not being allowed to possess any type of firearm for any period longer than three years or for the remainder of your life.You can also be charged with felony domestic assault if you commit a domestic assault within 10 years of two or more previous domestic violence-related offense convictions or adjudications of delinquency. A felony domestic assault is punishable by up to five years in prison, a fine up to $10,000, or both.

 
Fighting Your Minnesota Domestic Assault Charge

Domestic assault charges are taken seriously in our state and can negatively impact all aspects of your life. If you want the best chance to beat your domestic assault charges and clear your name, reach out to an experienced Minnesota Domestic Assault Attorney today to get started on fighting for your rights. Contact the Rolloff Law Office to aggressively challenge these allegations.  Call today: (612) 234-1165

Should I Hire a Minnesota Criminal Defense Attorney?

 

Let's hope you never need to ask yourself this questions: Do I Need to Hire an Experienced Minnesota Criminal Defense Attorney?  If you are pondering as much, maybe you should read this. 


Question #1

I have been arrested for a crime, should I go ahead and plead guilty to get it over with?

Answer: Being charged with a crime is serious and should be addressed as such.  One suggestions: do not plead guilty in an effort to just "get it over with." This strategy can lead to more severe consequences - in the short & long terms - than you'd often get. Even if you ultimately do want to resolve your case by entering a plea --- it is important that a lawyer is there to tell you if your punishment is fair. Also, depending on the type of crime you have been accused of, substantial jail time could be a penalty, as well as huge fines, asset forfeiture, and lifelong consequences. Pleading guilty without knowing all of this could leave you in a position that you had never thought possible.

Questions #2

Why should I hire a Minnesota criminal defense lawyer?

Answer. If you have been accused of a crime, the government has virtually unlimited resources to prosecute you. Whether that is a team of lawyers, scientists, law enforcement officers, crime scene technicians --- they will all be out to hold you accountable.  When you hire a skilled Minnesota Criminal Defense Lawyer, you are presented with the opportunity to fight any/every allegation against you. A skilled attorney can help guide you through what can be a complex and confusing legal system. 

Question #3

When should I hire a lawyer?

Answer. Time is of the essence.  It is important that you hire a lawyer as soon as possible. The moment you are arrested or caught up in an investigation, you need to make the call.  Whether it is three in the morning (or afternoon,) make sure to call an experienced attorney as soon as possible.

Question #4

Do you guarantee the outcome of my case?

Answer. Unfortunately, it is impossible to ensure results. As a matter of fact, it is against the rules for any attorney to guarantee the outcome. However, as a former prosecutor, I can promise that by hiring the Rolloff Law Office, you will get somoen to fight for you ... who will put in the work necessary to gain you the right result. 

Question #5
 
What does a criminal defense lawyer do for me?

Answer. There are several things that your lawyer can do for you:

• Provide representation while your case is being; investigated --- to maybe prevent criminal charges
• Challenge the evidence at a Pre-trial;
• Formulate a defense that could result in the charges being reduced or being completely dismissed; and
• Negotiate with the DA to work out the best possible outcome

Hennepin County Disorderly Conduct (Explained)

Disorderly conduct is often referenced (and used) as a catch-all for any random, disruptive criminal activity, activity that disrupts the public peace --- and pisses-off a cop. That being said, being charged with this offense can have lasting repercussions ---- and you should get some FREE ANSWERS from an experienced Minnesota Criminal Defense Attorney.

Disorderly Conduct (Explained)

If you are charged with disorderly conduct, you could have been doing any number of things. While this crime covers many activities, it is prosecuted with targeted focus by the State of Minnesota.


You may have been in the wrong place at the wrong time or caught up with the wrong group of people. Perhaps you don’t feel you did anything wrong --- but instead are being found guilty by association. This is why you should talk to The Rolloff Law Office.
The Laws & Penalties


The offense of disorderly conduct can apply to many incidences. It is considered a misdemeanor and is thereby punishable by up to 90 days in jail and $1,000 in fines.
 
You may face charges of disorderly conduct if you:

• Make loud or disturbing noise near residence or public buildings that causes unreasonable distress to the people occupying said building,
• Direct abusive language or gestures at someone, knowing that those words or gestures are likely to provoke a violent reaction,
• Disturb any lawful assembly or meeting with the intent to disturb,
• Disrespect or defile the American flag or cause others to do the same, or
• Obstruct a sidewalk, road, or street with the intent of preventing its lawful use by others. 

Charges like these are doled out in many circumstances and all too often because another law doesn’t apply. If you are facing this charge and you wonder what you did to deserve them, contact The Rolloff Law Office  to discuss your case today --- and what can be done to keep it off of your record.  

All criminal charges should be taken very seriously by the experienced criminal defense attorneys that handle them. I am a former prosecutor ... I know you are going through a difficult time with this case and I want to be the one to help.  Call today: (612) 234-1165

Hiring a Minnesota Criminal Defense Lawyer (Explained)

So, you have some questions about whether you might need the services of a Minnesota Criminal Defense Attorney.  Here are a couple of things you should strongly consider.  

Do I a Lawyer?

Anyone acing a criminal charge, no matter how minor, could benefit from speaking with an experienced Criminal Defense Lawyer. Even if you never hire him, a FREE CONSULTATION will help you to understand the nature of the charges you face, possible defenses, what plea bargains are likely to be offered, and what is likely to happen in the event of conviction.

For serious charges, it will be a rare situation where one can "do-it-themselves." When the consequences are huge/serious ... a lawyer can assist with (at the least) the negotiation of a plea bargain, or to prepare a case for trial.  

What Should Your Lawyer Know?

An experienced Minnesota Criminal Defense Lawyer should also be able to identify important pretrial issues, and to bring appropriate motions which might significantly improve a defendant's situation, or even result in the dismissal of charges.

How Much it Cost?

The cost of a lawyer can vary significantly --- depending upon the nature of the charges which have been filed (or which are expected to be filed) against the defendant --- and what needs to be done - ie., a trial and/or plea bargain.  As a general rule, lawyers will typically require a large fee for a complex case ... less for a simple one.  The amount of a retainer fee will also typically increase with the severity of the charge filed against a defendant.  

Misdemeanors & Felonys

In a misdemeanor case, , it is not unusual for a lawyer to request a retainer of several thousand dollars. For felony cases, retainers often start at $5,000 - $10,000, and can be $25,000 or more for serious or life felonies, such as sexual assault cases or homicide. The anticipated cost of expert witnesses can also significantly increase a retainer.  

Where to Find a Lawyer

It is unfortunately not always easy to find a good criminal defense lawyer. Here are some suggestions:

Professional Organizations - Each state, and some counties/cities, have organizations of criminal defense lawyers. Some of those organizations offer referral services or online directories, which you can use to find a defense lawyer in your area.

Referrals - It may be possible to find a criminal defense lawyer from somebody who is familiar with the lawyer's practice. For example, if you regularly work with a lawyer or law firm, that lawyer may be able to suggest a competent criminal defense lawyer in your area. If your county is served by a public defender's office, sometimes a defender's office will be willing to suggest a competent are defense lawyer. If you have a friend or family member who has been in trouble with the law, that person may be able to make some suggestions.

Directories - There are a number of online directories which include criminal defense lawyers, including LegalMatch.com, Lawyers.com and FindLaw.

After you have located one or more attorneys whom you wish to consult about your case, call them to schedule appointments. Try to speak with the criminal defense lawyer over the phone before scheduling the appointment. Ask about the lawyer's general experience with criminal defense, and any specific experience with cases like yours.  Call the Rolloff Law Office - today - to set up your FREE CONSULTATION: (612) 234-1165

Domestic Assault (Explained)

If you have been accused of verbal or physical abuse against your spouse, child, domestic partner or other relative, you need swift, strong Minnesota Criminal Defense Attorney. 

A conviction can mean harsh penalties including prison, fines, loss of custody rights or loss of gun rights, and may even affect your job or future job prospects. Don’t risk it. 

Domestic Violence Accusations

Domestic assault charges are becoming more common — and more heavily prosecuted — in the State of Minnesota.  Believe it or not, someone can be charged with domestic abuse under the state’s law if you committed one or more of the following acts against a family or household member:

Physical harm, bodily injury or assault; and/or 

Cause someone to fear of imminent physical harm, bodily injury or assault

But in many cases, the charges arise from situations in which both parties  participate in escalating the conflict. 

To get to the bottom of messes like this, you need the immediate support of an experienced Minnesota Domestic Assault Attorney. 

At the Rolloff Law Office, we have extensive experience (first as a former prosecutor and now) defending both men and women against domestic assault charges that threaten their freedom and their rights. Don’t hesitate to get the protection and tenacious defense you need, especially if the charges arise during divorce, child custody or child support proceedings.  Call now: (612) 234-1165

If you have been accused of verbal or physical abuse against your spouse, child, domestic partner or other relative, you need swift, strong defense. A conviction can mean harsh penalties including prison, fines, loss of custody rights or loss of gun rights, and may even affect your job or future job prospects. Don’t risk it. I am Minnesota assault lawyer Dennis M. Lothspeich, and I will aggressively defend you. I have more than 25 years of experience as a formidable trial attorney and never hesitate to take my clients' defense into the courtroom.

Helping you understand domestic violence accusations

Domestic assault charges are becoming more common — and more heavily prosecuted — in Minnesota. You can be charged with domestic abuse under the state’s Domestic Abuse Act if you committed one or more of the following acts against a family or household member:

Physical harm, bodily injury or assault Terroristic threats Criminal sexual conduct

Interference with an emergency call Infliction of fear of imminent physical harm, bodily injury or assault

But in many cases, the charges arise from situations in which both people participate in escalating the conflict. You need the immediate support of a diligent Minnesota assault attorney if you are accused of:

Assault with a deadly weapon Spousal abuse Harassment Violating a restraining order

Child abuse Stalking Sexual assault False imprisonment

I have extensive experience defending both men and women against domestic assault charges that threaten their freedom and their rights. Don’t hesitate to get the protection and tenacious defense you need, especially if the charges arise during divorce, child custody or child support proceedings.

Fighting for your best results

When seeking a Minnesota assault attorney, you want one with a solid criminal defense background. I have the resources and knowledge to achieve positive results even in very complicated cases. I review the facts of your situation, gather evidence and meticulously attack the prosecution’s case against you. My goal is to get your charges reduced or seek an acquittal at trial. I stand by you and do my best to see you through one of the toughest experiences you may have to endure.

Get the defense you need from experienced Crow Wing County trial attorney Dennis M. Lothspeich

If you are facing domestic assault charges, I can help. Call me, attorney Dennis M. Lothspeich, at 218.825.0861 for a free initial consultation, or contact the law office of Dennis M. Lothspeich, P.A. online. I accept collect calls from jails and correctional facilities in Crow Wing and nearby counties and can arrange an immediate visit with you onsite if you are in custody and need assistance. I charge a reasonable flat fee, which is set up front. In some cases, my fee can be comfortably spread out into monthly payments during the duration of your case. My office is conveniently located across from the Crow Wing County Court House. I am happy to schedule an evening or weekend appointment if needed.
- See more at: http://www.brainerddwilawyer.com/firm/assault/#sthash.Mkj9aFt9.dpuf

MN Defense Attorney - FREE ADVICE

As a Minnesota Criminal Defense Attorney I get a lot of questions ... here are some of them and some answers you might want to consider.

Do I really need an attorney?

In most cases the answer is “yes”.  A Minnesota Criminal Defense Attorney can assist in gathering all the relevant information and witnesses, analyze the police reports for constitutional violations, and help you navigate through the procedures for hearings and a trial.

Should I give a statement to the police?

Everyone wants to be able to tell their side of the story... however, there is a time and a place for that (all too often) - at a trial.  Although the police may act sympathetic, they are not on your side and any statement you give can be used against you later.  Until that point, only tell your side of the story to your attorney.

What is the difference between petty misdemeanors, misdemeanors, gross misdemeanors, and felonies?

A Petty Misdemeanor is generally a traffic offense such as speeding and carries a maximum fine of $300 with no possibility of jail.

A Misdemeanor carries a maximum possible sentence of 90 days in jail, $1000 fine, or both.  Charges such as theft, Disorderly Conduct, and first-time DWI offenses are misdemeanors.  Jail time is rarely imposed for misdemeanor offenses, but it depends on the facts of the case and the criminal history of the defendant.

A Gross Misdemeanor carries a maximum possible sentence of 1 year in jail, $3000 fine, or both.  Charges such as Driving After Cancellation, theft of over $500, and second or third-time DWI offenses are gross misdemeanors.  Jail time is commonly imposed for gross misdemeanors and is required by statute in the case of DWI gross misdemeanors.

Felony sentences are prescribed by statute but carry at least 1 year and 1 day of prison time.  Charges such as controlled substance crimes, burglary, and fourth-time DWI offenses are felonies.  Some amount of jail time is almost always imposed for felonies. 

What if I am charged with a felony?

Felony charges are the most serious crimes in Minnesota and carry the largest penalties including a potential prison sentence.  These cases are rarely as simple as they may look and an attorney’s assistance is crucial. A felony sentence will also generally carry with it years of probation, intensive supervision requirements as part of that probation, and a requirement that you provide a DNA sample to the State. 

The officer never read me my Miranda Rights, am I off the hook?

Probably not, despite the widespread use of the Miranda warnings in pop culture, it is only required in a narrow set of circumstances.  If the police want to interrogate you while you are in custody, they must read you the Miranda warnings.  That statement is far more legally complicated than it looks – get an attorney to advise you whether a Miranda violation has occurred.

Do to the all too high costs of hiring a lawyer ... a lot of people will ask me --- Shouldn't I just try to handle this case myself?

Probably not --- and I am not saying this because I am a lawyer   Consider that, in the courtroom the judge is not on your side and cannot advise you how to proceed with your case.  The prosecutor is not on your side, in fact, he or she gets paid to convict you.  Therefore, you need someone on your side who can offer informed advice about how to proceed in your case.  Surely you would seek the expert help of a doctor when you are sick.  A criminal charge is no different – get an expert on your side.

Need more answers - call The Rolloff Law Office: (612) 234-1165

Minnesota Domestic Assault - Explained

A Minnesota Domestic Assault conviction can have serious consequences. Not only would one face the possibility of going to jail - such a conviction could also be used against you in a child custody dispute and/or divorce.  It could also cause you to lose your gun and hunting rights.  You could also be subjected to costly and intrusive treatment programs. If you or someone you love is facing such charges - you need to put up a fight ... and you should talk to an experienced, aggressive Minnesota Criminal Defense Attorney.  

How an Attorney Can Help

You really need an expert to examine the allegations and identify the best defense strategy for your case. A lawyer can help prove that the accusation against you is false and/or was made up in the heat of an argument, as retaliation, or to gain an upper hand against you in a divorce or other court proceeding. He can also rove you that you acted in self-defense or that you did not have the requisite intent to cause the harm.


Domestic Assault Information

According to Minnesota law, domestic assault is defined as either the intent of causing fear of death or immediate bodily harm upon another, or an attempt to inflict or the actual infliction of bodily harm upon another.

Domestic assault is assault on a family member or household member, including any of these relationships:

Parents and children
Spouses and former spouses
Individuals related by blood
Individuals who are currently living together
Individuals who have lived together in the past
Individuals who have a child in common
A man and a woman, if the woman is pregnant and the man is alleged to be the father

Domestic assault is considered a misdemeanor if it is a first-time offense or if the offender has had no convictions related to domestic violence in the past 10 years.

It is considered a gross misdemeanor if the offender has had one conviction related to domestic violence in the past 10 years.

Domestic assault is considered a felony if the offender has had at least two convictions related to domestic violence in the past 10 years. Penalties include up to 5 years imprisonment and/or a $10,000 fine.

Domestic Assault by Strangulation

By definition, strangulation is intentionally obstructing another’s blood circulation or normal breathing by putting pressure on the neck or threat, or by blocking another’s mouth or nose.

Domestic assault of a family or household member by strangulation is considered a felony. Penalties may include up to 3 years imprisonment and/or a fine of up to $5,000.

You are presumed innocent. Just because you have been charged with Domestic Assault does not mean that you are guilty. To protect your rights and your future, call the Rolloff Law Office at (612) 234-1165

Minnesota Domestic Assault (Explained)

Domestic Assault is generally defined as either "an act intended to cause fear of immediate bodily harm or death" or "an attempt or actual infliction of bodily harm upon another."  You can read the actual domestic assault statute here - Minn. Stat. §609.2242.

Example of Assault: A husband and wife argue in their home.  The husband becomes upset and raises his closed fist at his wife but does not actually strike her.  The wife is frightened by this because she thinks her husband might hit her.  This is considered an assault even though the husband never actually touched his wife.  An assault includes actual touching or an act intending to cause fear (in this case, the husband raising his fist at his wife).

Domestic assault is a "regular" assault upon a family or household member.  This can include any of the following relationships:

• Spouses and former spouses
• Parents and children
• Persons related by blood
• Persons who are presently residing together or who have resided together in the past (ie. roommates)
• Persons who have a child in common regardless of whether they have been married or have lived together at any time
• A man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time
• Persons involved in a significant romantic or sexual relationship

These definitions are important since it is a common misconception that two persons must actually live together to be in a domestic assault.  Likewise, domestic assaults do not only occur between spouses or between parents and children.

Levels of Domestic Assault: Misdemeanor, Gross Misdemeanor and Felony

 Domestic Assaults are known as "enhanceable" offenses in Minnesota.  This means if a person is convicted of domestic assault, any future charges and convictions for assault or "qualified domestic violence-related offenses" will be treated harsher. (This does not even take into account the seriousness of the injury suffered by the "victim.")

• Misdemeanor Domestic Assault: First-time offense or no qualified domestic violence-related convictions in the past 10 years
• Gross Misdemeanor Domestic Assault: One prior qualified domestic violence-related conviction in the past 10 years
• Felony Domestic Assault: Two or more qualified domestic violence-related convictions in the past 10 years (maximum punishment of 5 years in prison or $10,000.00, or both)

Qualified Domestic Violence-related Offenses in Minnesota (Examples)

Under Minn. Stat. §609.02, Subd. 16?  These are violations or attempted violations of any of the following:

• Violation of a domestic abuse order for protection
• Violation of a domestic abuse no contact order (DANCO)
• Murder in the First and Second Degree
• Assault in the First, Second, Third, Fourth and Fifth Degree
• Domestic Assault
• Domestic Assault by Strangulation
• Criminal Sexual Conduct in the First, Second, Third or Fourth Degree
• Malicious Punishment of a Child
• Terroristic Threats
• Violation of a Harassment Restraining Order
• Stalking
• Interference with an Emergency Call

Domestic Assault and the Effect on Firearms in Minnesota

When a person is convicted of domestic assault or assault in the first, second, third or fourth degree, the court must determine the following:

Whether the assault was committed against a family or household member
Whether a firearm was used in any way during the assault

If a firearm was used against a family or household member during the assault, the firearm shall be forfeited under Minn. Stat. 609.5316.  In other words, law enforcement will take the firearm permanently either for their own use or to be destroyed.

In addition to forfeiture, if the court determines that a firearm was used in the assault, the person can be prohibited from carrying a firearm anywhere between 3 years to life.  Violation of this order is a gross misdemeanor.  Even if the judge fails to tell the defendant this information, the person can still be charged with the violation.

What to Expect

Persons charged and convicted of domestic assault can expect to have their right to carry firearms taken away, as discussed above.  Defendants can also expect a combination of the following: probation usually lasting 2 years, a monetary fine, no contact with the victim, substance abuse counseling or treatment, community service, anger management classes, electronic home monitoring or local jail time.  First-time offenders typically serve no jail time or a very short amount of jail time (such as 2 or 3 days, which oftentimes can be served through community work service or house arrest).  For second and subsequent convictions, these same expectations exist but the length or probation is increased along with the likelihood the person will serve time in local jail.

All of the above being said, as a former prosecutor I know --- these are all too often the toughest cases for the State to prove.  That's why you need a good a Minnesota Criminal Defense Attorney at your side through the whole process.  Honestly, each case has unique facts and circumstances.  Furthermore, not every city and county handles domestic assault cases the same way.  Harsher punishment is typically sought in cases where the victim was badly hurt, alcohol or drugs were involved, there is a pattern of abuse, a weapon was involved or where the defendant has prior criminal convictions.

If you are facing a Domestic Assault charge, call the criminal defense attorneys at the Rolloff Law Office at (612) 234-1165 for a Free Consultation. 

How to Deal With The Police (Explained)

Although you probably don't need an experienced Minnesota Criminal Defense Attorney to tell you this --- a lot of it is common sense --- there is a good way and a bad way to "act" when one has contact with law enforcement.  Here are some simple "dos and don'ts." 

1. Do be polite with the police officer;
2. Do identify yourself correctly;
3. Don't argue with the officer;
4. Don't try to explain or make excuses to the officer;
5. Don't discuss your situation with anyone, before talking to an attorney;
6. Don't discuss your situation with anyone else, while you are in custody;
7. Don't try to "make a deal" with the police officers;
8. Don't make any statements to the police, for any reason;
9. Don't sign any statements for the police as the price to go home; and
10. Call The Rolloff Law Office!

If you really want to know more, call the Rolloff Law Office today to set up a FREE CONSULTATION: (612) 234-1165.

Minnesota Legal Questions (Answered)

As an experienced Minnesota Criminal Defense Attorney you know I get a lot of questions.  Here are some FREE ANSWERS to some of the most common ones.

What is the cost of criminal defense for my criminal charges?

The Rolloff Law Office's fees are very competitive and we work with you to protect your rights and defend you. This includes investigating the facts, police, and witnesses to determine evidence that will prove your innocence. We charge a flat rate for criminal defense based on the complexity of your case. Our legal fees for criminal defense will cover your attorney's fees all the way throughout discovery, probable cause hearings, pre-trial motions and trial.   

What is the difference between a misdemeanor, petty misdemeanor, gross misdemeanor, and a felony?

Petty Misdemeanors are punishable by up to $300 fine. You cannot be sent to jail for a petty misdemeanor. Although not criminal offenses, some petty misdemeanors may still look bad on your record.

Misdemeanors are a crime and are punishable by up to 90 days in jail and a $1,000 fine.

Gross Misdemeanors are punishable by up to one year in jail and a $3,000 fine. These are serious crimes.

Felonies are the most serious offenses. They are punishable by a year to life in jail and heavy fines, depending on the crime.

The 'victim' wants the charges dropped. Will the case be dismissed?

No. Once police are involved they are gathering evidence and when a criminal case is in the county attorney or the prosecutor's hands they charge the crime acting for the state and the alleged "victim" is only witness testimony for the state as additional evidence. 

The victim cannot decide to drop the charges on their own. The state will continue to prosecute using the statements the victim already made to the police and may even impeach the victim if they were to testify differently on the stand. This type of issue is common in domestic assault situations when the police are called and the alleged victim does not want to pursue charges.

What are the possible outcomes of my case?

Each case depends on the facts and the law. When evaluating your case, we always look first for reasons the case might be dismissed. The witnesses or victim may be lying and evidence often can be suppressed. There may be contradicting evidence to show the state's evidence is unreliable. The case can be dismissed if a defendant qualifies for a diversion program and will remain law abiding in a plea agreement. Other times, the court might give a sentence but will not impose it. Sometimes you must go to a jury trial to prove your innocence. Whether these options will be available in your case depends on a number of factors. Call the Rolloff Law Office to get a better idea of possible outcomes you can expect in your case.

Should I talk to the police?

Always call an experienced Minnesota Criminal Defense Attorney before you speak to the police. The police are trying to find any evidence that may convict you and anything you say can and WILL be used against you. An attorney can protect your rights before you confess to something, or say something that you didn't mean to say.

Call The Rolloff Law Office

Start your search for real help by getting a FREE CONSULTATION today.  You can reach a helpful and experienced Minnesota Criminal Defense Attorney today at (612) 234-1165.

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.

Minnesota Criminal Defenses (Explained)

Believe it or not, if you've been charged with an offense, you (or your experienced Minnesota Criminal Defense Attorney) does not have to prove you're innocent --- but you do need a good defense.  See, to convict a criminal defendant, the government must prove him guilty beyond a reasonable doubt. As part of this process, the defendant is given an opportunity to present a defense. There are many types of defenses, here are some of the most common ones.

Didn't Do It

This is the most common defense and often involves the claim that the accused did not commit the act in question.

Reasonable Doubt

The prosecutor must convince the judge or jury hearing the case that the defendant is guilty "beyond a reasonable doubt." This standard is very hard to meet. As a practical matter, the high burden of proof in criminal cases means that judges and jurors are supposed to resolve all doubts about the meaning of the evidence in favor of the defendant. With such a high standard imposed on the prosecutor, a defendant's most common defense is often to argue that there is in fact reasonable doubt.

Alibi

An alibi defense consists of evidence that a defendant was somewhere other than the scene of the crime at the time it was committed. For example, assume that Freddie is accused of committing a burglary on Elm Street at midnight on Friday, September 13. Freddie's alibi defense might consist of testimony that at the time of the burglary, Freddie was watching Casablanca at the Maple Street Cinema.

Self-Defense

Self-defense is a defense commonly asserted by someone charged with a crime like assault.  Here, the defendant admits that he did in fact commit the crime, but claims that it was justified by the other person's threatening actions. The core issues in most self-defense cases are:

• Who was the aggressor?
• Was the defendant's belief that self-defense was necessary a reasonable one?
• If so, was the force used by the defendant also reasonable?

Self-defense is rooted in the belief that people should be allowed to protect themselves from physical harm. This means that a person does not have to wait until he or she is actually struck to act in self-defense. If a reasonable person in the same circumstances would think that he or she is about to be physically attacked, that person has the right to strike first and prevent the attack. However, an act of self-defense cannot use more force than is reasonable -- someone who uses too much force may be guilty of a crime.

The best defense is a good offense.  If you're looking for help with a criminal case --- call the Rolloff Law Office and set up a FREE consultation.  There is more to every offense than whether someone did or didn't do something.  Learn your options.  Call: (612) 234-1165.

Hire an Affordable Minnesota Criminal Defense Attorney

As an experienced Minnesota Criminal Defense Attorney, I get a lot of questions about what individuals should consider when looking to hire a criminal attorney.

Among the many things you must consider, such as: do you feel comfortable with the attorney when you meet them face-to-face; is he going to spend the time necessary to understand the particulars of your case; and can he explain to you what to expect in terms of potential outcomes, and the risks involved --- you also need to look at these things.

1. EXPERIENCE, EXPERIENCE, EXPERIENCE 

There simply is no substitute for hands-on experience in a criminal courtroom. It is by far the most important consideration in choosing a criminal lawyer. Every case is different, as are the personalities of each, judge, prosecutor and law enforcement officer. Attorneys that have been around the local legal landscape for a long time tend to be more expensive, but it is often money well spent. Former prosecutors are often good bets, as assistant county attorneys have often had extensive trial and plea bargaining experience that someone who starts out on the defense side might not have.

BUT, keep this in mind: If you have a unique case, or an especially complex case, younger lawyers with moderate experience tend to be hungry. They are eager to establish their own reputations. They will have more time to research caselaw and do background investigation. They will pour blood, sweat and tears into your defense. They might be willing to try a novel legal argument much quicker than a more established attorney. A less-established attorney will also have more time to spend with you one-on-one. They will have fewer cases, and will probably be paid less for each of those cases, so each case to the less-established attorney is important.

2. AVOID ATTORNEYS WHO PROMISE OUTCOMES

Criminal attorneys are seldom assured of any particular outcome in a case. We operate in a field that is filled with uncertainty. We can, however, offer you a forecast of what to expect when your case goes to court.

3. STREET SMARTS

Common sense and how the real world works is important. We are a people-based practice area, and have to understand practical realities. A grasp of legal statutes is critical, but criminal lawyers spend far more time with real people than holed up in law libraries.

4. COMMUNICATION SKILLS AND LISTENING

Look for an attorney that can explain the law to you in easy to understand terms. Does the attorney listen to your story without interruptions? Does he or she explain to you possible defenses you may have to a particular charge? If you come away from an initial consultation feeling befuddled or misunderstood, look for another lawyer.

5. SOMEONE WHO IS NOT AFRAID TO GO TO TRIAL

The client always controls the decision of whether to accept a plea offer or go to trial. Plea bargaining often results in the best possible outcome for a client. Good things, however, can also come from forcing the State to prove its case. Let your intuition tell you whether this is an attorney you can go into battle with.

As a Minnesota Criminal Defense Attorney, I pride myself on providing the best representation possible. I'm a former prosecutor (and before that I clerked for a judge) --- if it has happened in the courtroom I've seen and done it.  For more information or to schedule a free consultation, call the Rolloff Law Office today: (612) 234-1165.  Or, for more information, visit my website: rollofflaw.com.

Criminal Defense Answers - FREE!

I get lots and lots of questions as a Minnesota Criminal Defense Attorney.  Here are some of the most common and some real answers.

How do I choose an attorney?

When you are facing criminal charges, the quality and commitment of your defense attorney is a crucial issue. Will the attorney take the time to focus on your case? Will you be "just another number"? At the Rolloff Law Office I provide personal legal services on a one-on-one basis, and have a  "results-oriented" approach to defending charges. Couple that with my reasonable rates --- and almost anyone can have the quality defender the need, as well as the personal attention to your case that is actually necessary if you are hoping to avoid a conviction.

Will I go to jail for a DWI charge?

Any DWI offense carries the potential of a jail sentence. Under Minnesota law, even a first time DWI conviction can mean up to 90 days in jail and a fine of $1,000. If you have a prior conviction for a DWI (within the last 10 years,) including a test refusal or other aggravating factor, you could face third degree charges, which are punishable by up to 1 year in jail as well as a fine of $3,000. Felony DWI charges, when convicted can lead to up to 7 years in prison and a $14,000 fine. These cases involve 3 prior convictions, or one prior felony DWI conviction. Any DWI or DUI charge is serious and should be aggressively defended.

What if I discover I am under investigation for a violent crime?

If you are under investigation and not yet arrested, you can assume that an arrest will take place in the near future. It is crucial that you exercise your right to remain silent and do not engage in any interviews with law enforcement or other investigatory units without first retaining the services of the Rolloff Law Office. Protecting your rights in any questions can be a pivotal factor in defending against the charges when they are filed.

What criminal charges does your firm defend?

At my office, I am committed to providing an aggressive defense against all types of criminal charges, from any Drunk Driving arrest, through to probation violations or charges of Disorderly Conduct to all Theft crimes, from Misdemeanor to Felonies, as well as serious traffic offenses, and violent crimes, including Assault, Murder, Manslaughter, and Domestic Assault.

If you even think you need legal help --- call the Rolloff Law Office today to set up a FREE consultation at (612) 234-1165.