Assault involves a crime of violence against another person. The crime is committed by a person who either:
With intent to cause fear in another person of immediate bodily harm or death OR
Intentionally inflects or attempts to inflict bodily harm upon another.
In Minnesota, assault charges vary according to the severity of the injury suffered and the relationship between the victim and the accused. Minnesota assault statutes define assault crimes ranging in degree from 5th degree, a misdemeanor, to 1st degree, a felony.
Certain circumstances which can enhance, or increase, the severity of an assault charge include causing substantial or great bodily harm, involvement of a weapon,
Assault committed because of bias or prejudice,
A victim who was a law enforcement officer, and
A victim who was vulnerable due to being a minor, disabled, or being elderly.
Domestic assault is an assault committed against a family or household member. A first offense is a misdemeanor, the second a gross misdemeanor, and any subsequent convictions are felonies carrying significantly greater penalties. However, domestic assault committed by strangulation is a felony on the first offense.
Unlike most assault cases, domestic assault is an enhanceable offense which could mean additional consequences which you need to discuss with your lawyer.
Assault, Domestic Violence, Battery
Penalties for assault crimes include, but are not limited to: lengthy prison or jail time, large fines, probation, restitution, anger management, domestic abuse counseling, a psychological evaluation, restraining orders, and community service. Consequences beyond the immediate assault charge may include: difficulty finding or sustaining employment, jeopardizing parental and custody rights, and damage to reputation. Multiple assault charges involving the same victim present the potential for much stricter sentences.
An assault conviction can have a significant and permanent adverse affect on a person’s life. With the right strategy and evidence gathered early you can have your charges dismissed or reduced.
Criminal Defense Lawyer Eagan, MN
You should seek the advice and representation of an assault lawyer promptly if you’ve been arrested or charged with assault. The earlier you involve your lawyer, the easier it is for him to gather the necessary evidence to defend your case. If you or someone you know has been accused of assault, it is important to speak with a skilled criminal defense lawyer Eagan, MN. The attorneys at Sieben Edmunds Miller are experienced Minnesota assault attorneys, ready to take on your case and defend you against the accusations.