Assault involves a crime of violence against another person. The crime is committed by a person who either:
Intends to cause fear in another person of immediate bodily harm or death, or
Intentionally inflicts or attempts to inflict bodily harm upon another
It’s important to note that an individual does not need to make physical contact with the victim in order to be charged with assault. Verbal threats or an attempt to physically harm someone can also be considered assault in the State of Minnesota.
Assault charges in our state 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. With the increased severity of a charge comes the potential for more severe punishment if you are convicted.
Certain circumstances which can enhance, or increase, the severity of an assault charge include:
The incident causing substantial or great bodily harm
The involvement of a weapon
An 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
Explore Our Assault and Domestic Assault Legal Services
Levels of Assault
Malicious Punishment of a Child
Domestic Abuse No Contact Orders (DANCO)
Threats of Violence
Domestic Assault in Minnesota
Domestic assault is an assault committed against a family or household member. As with other types of assault, there does not need to be physical evidence of an assault in order for an individual to be charged with this crime. Intimidating a family member with the threat of physical violence can be serious enough for an individual to be charged with domestic violence.
A first domestic violence offense is a misdemeanor, the second a gross misdemeanor, and any subsequent offenses are felonies carrying significantly greater penalties. However, domestic assault committed by strangulation is a felony on the first offense. Most assault crimes are enhanceable offenses which could mean additional consequences that you need to discuss with your lawyer.
Assault, Domestic Violence, and Battery Punishments
Penalties for assault crimes include, but are not limited to: lengthy prison or jail time, large fines, probation, restitution, anger management, domestic abuse counseling, 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.
As you can see, an assault or domestic violence conviction can have a significant and permanent adverse effect on a person’s life. Some of these consequences can cause long-term issues for you if you are convicted. But with the right strategy and evidence gathered early, you can have your charges dismissed or reduced. Whatever the circumstances of your charges, don’t let an unfair assault or domestic violence conviction affect you for the rest of your life.
Finding the Right Assault & Domestic Violence Attorney in Minnesota
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. We do everything in our power to ensure our clients’ rights are respected while fighting against erroneous charges. You can reach us at (651) 994-6744 .