Assault + Domestic Violence Lawyers in Minnesota
Facing domestic violence charges? Call us. Get a free case evaluationExperienced Minnesota Assault Lawyer for Assault & Battery Defense
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.
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Practice Areas Covered by Our Minnesota Assault Attorneys
Degrees and Penalties Explained by Minnesota Assault Attorneys
Assault charges in Minnesota 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
Assault Degrees
In Minnesota, there are five degrees of assault. Certain facts can enhance the level of the charge. The most serious offense is a first degree felony assault.
- 1st Degree
- Infliction of great bodily harm, or attempting to use deadly force on a peace officer, prosecuting attorney, judge, or correctional employee
- Imprisonment for not more than 20 years, a fine not more than $30,000, or both
- 2nd Degree
- Assault with a dangerous weapon
- Imprisonment for not more than seven years, a fine not more than $14,000, or both
- Assault with a dangerous weapon and inflicts substantial bodily harm
- Imprisonment for not more than 10 years, a fine not more than $20,000, or both
- Assault with a dangerous weapon
- 3rd Degree
- Assault and infliction of substantial bodily harm
- Imprisonment for not more than five years, a fine not more than $10,000, or both
- Assault of a minor when there is a pattern of child abuse
- Imprisonment for not more than five years, a fine not more than $10,000, or both
- Assault of a victim under the age of four and causes bodily harm to the child’s head, eyes, or neck, or causes multiple bruises to the body
- Imprisonment for not more than five years, a fine not more than $10,000, or both
- Assault and infliction of substantial bodily harm
- 4th Degree
- Assault to a peace officer, fire fighter, emergency medical personnel, DNR employee, correctional employee, prosecuting attorneys, judges, probation officers, secure treatment facility personnel, school official, public employee performing official duties, crime prevention group member, vulnerable adult, utility/postal service employee, reserve officer, or transit operator.
- The sentence varies depending on the act and type of person.
- Assault to a peace officer, fire fighter, emergency medical personnel, DNR employee, correctional employee, prosecuting attorneys, judges, probation officers, secure treatment facility personnel, school official, public employee performing official duties, crime prevention group member, vulnerable adult, utility/postal service employee, reserve officer, or transit operator.
- 5th Degree
- A first-time assault is classified as a misdemeanor
- Punishable by up to 90 days in jail, $1,000 fine, or both
- A second assault within three years, or ten years if it is the same victim, is a gross misdemeanor
- Punishable by up to one year in jail, $3,000 fine, or both
- Three or more assaults within three years, or ten years if it is the same victim, is a felony
- Punishable by up to five years in prison, $10,000 fine, or both
- A first-time assault is classified as a misdemeanor
- 1st Degree
Domestic Assault Attorney Minnesota: Protecting Your Rights
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.
Finding the Best Minnesota Assault and Domestic Violence Attorney
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 Minnesota.
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 .
Frequently Asked Questions about Minnesota Assault & Domestic Violence Defense
Sieben Edmunds Miller
Do I need a lawyer if I was arrested for assault?
Yes, an attorney can help you understand your rights and navigate the legal process. For anyone facing charges, early legal representation is critical.
What type of lawyer deals with sexual assault?
Criminal defense lawyers handle sexual assault charges. These cases carry severe penalties, require detailed investigation, and demand strong legal advocacy from the outset.
What are the different degrees of assault in Minnesota?
Minnesota has five degrees of assault, ranging from misdemeanor 5th-degree assault to felony 1st-degree assault. Charges depend on the severity of injuries, use of weapons, and who the alleged victim is.
What are the potential penalties for each degree of assault in Minnesota?
Penalties range from up to 90 days in jail for a misdemeanor 5th-degree assault to up to 20 years in prison for 1st-degree assault. Fines increase with the severity of the offense, and enhanced penalties apply in certain circumstances.
Sieben Edmunds Miller
Can I be charged with assault even if no one was physically injured?
Yes. Minnesota law allows assault charges for causing fear of immediate harm, threatening violence, or attempting to inflict harm—even without physical contact.
What defenses are available in a Minnesota assault case?
Possible defenses include self-defense, defense of others, mistaken identity, lack of intent, insufficient evidence, or violations of your constitutional rights. A lawyer can identify which defenses apply in your case.
How does a domestic assault case differ from a regular assault case in Minnesota?
Domestic assault involves a family or household member and often triggers additional consequences, such as No Contact Orders, enhanced penalties for repeat offenses, and potential firearm restrictions.
What are the possible penalties for domestic assault in Minnesota?
Penalties range from a misdemeanor for a first offense to a felony for repeat offenses or allegations involving strangulation. Additional consequences may include probation, treatment requirements, and restrictions on firearm possession.
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