Assault and Violent Crimes Defense Attorney in Minnesota

If you're arrested for assault in Minnesota, remain calm and exercise your right to remain silent. Politely decline to answer questions without an attorney present. Contact a criminal defense lawyer as soon as possible to protect your rights and begin building your defense strategy

No, in Minnesota, the decision to drop assault charges lies solely with the prosecutor, not the victim. Even if the alleged victim wishes to withdraw their complaint, the prosecution may proceed if they believe there's sufficient evidence to support the charges.

First-Degree Assault (Minn. Stat. § 609.221):

• Inflicting great bodily harm: Up to 20 years imprisonment and/or a fine of up to $30,000.
• Use of deadly force against a peace officer or correctional employee: Up to 20 years imprisonment and/or a fine of up to $30,000.

Second-Degree Assault (Minn. Stat. § 609.222):

• Assault with a dangerous weapon: Up to 7 years imprisonment and/or a fine of up to $14,000.
• If substantial bodily harm is inflicted: Up to 10 years imprisonment and/or a fine of up to $20,000.

Third-Degree Assault (Minn. Stat. § 609.223):

• Substantial bodily harm: Up to 5 years imprisonment and/or a fine of up to $10,000.
• Assault on a minor under four years old: Up to 5 years imprisonment and/or a fine of up to $10,000.

Fourth-Degree Assault (Minn. Stat. § 609.2231):

• Assault against certain protected employees (e.g., peace officers, firefighters, emergency medical personnel, correctional employees, prosecuting attorneys, judges, and others): Penalties vary depending on the victim and circumstances, ranging from gross misdemeanors to felonies with imprisonment up to 3 years and/or fines up to $6,000.

Fifth-Degree Assault (Minn. Stat. § 609.224):

• Intent to cause fear or bodily harm: Generally classified as a misdemeanor with penalties of up to 90 days imprisonment and/or a fine of up to $1,000.
• If the offender has previous convictions, the offense may be elevated to a gross misdemeanor or felony, with increased penalties.

Minnesota categorizes assault into five degrees:

• First-degree: Causing great bodily harm or using deadly force against a peace officer.
• Second-degree: Assault with a dangerous weapon.
• Third-degree: Causing substantial bodily harm.
• Fourth-degree: Assault against certain protected employees, like police officers or teachers.
• Fifth-degree: Intent to cause fear or bodily harm without a weapon.

Yes, self-defense is a recognized legal defense in Minnesota. To successfully claim self-defense, you must demonstrate that you believed force was necessary to prevent imminent harm to yourself or others. The force used must be reasonable and proportionate to the threat faced.

A criminal defense attorney can provide invaluable assistance by:

• Evaluating the prosecution's evidence for weaknesses.
• Investigating the circumstances surrounding the alleged incident.
• Negotiating plea deals or alternative sentencing options.
• Representing you in court to advocate for your rights and interests.

Yes, certain assault convictions, especially those classified as felonies or involving domestic violence, can lead to the loss of your right to possess firearms under both state and federal laws. Restoring these rights typically requires a legal process, which involves petitioning the court.

The duration of an assault case in Minnesota can vary based on factors like the complexity of the case, court schedules, and whether the case goes to trial. On average, cases may take several months to over a year to reach a resolution. An experienced attorney can provide a more accurate timeline based on the specifics of your case.

Understanding the stages of the criminal court process in Minnesota can help you navigate your case effectively. 

1. Investigation: Law enforcement conducts an investigation upon receiving a report of an alleged assault or violent crime. This may involve collecting evidence, interviewing witnesses, and, in some cases, questioning the suspect. It's crucial to exercise your right to remain silent and consult with an attorney before speaking to the police.
2. Arrest and Booking: If sufficient evidence exists, the police may arrest the suspect. The individual is then booked, which includes recording personal information, taking fingerprints, and photographing.
3. Initial Appearance (Arraignment): Within 36 hours of arrest, the defendant appears before a judge. The judge informs the defendant of the charges, advises them of their rights, and may set bail or conditions for release.
4. Omnibus Hearing: This pretrial hearing addresses legal issues such as the admissibility of evidence and probable cause. Both the defense and prosecution can file motions, and the judge may rule on these matters.
5. Pretrial Conference: The defense and prosecution discuss potential plea agreements and other pretrial matters. If a plea deal isn't reached, the case proceeds to trial.
6. Trial: The case is presented before a judge or jury. The prosecution must prove the defendant's guilt beyond a reasonable doubt. The defense can present evidence and cross-examine witnesses.
7. Sentencing: If the defendant is found guilty, the judge imposes a sentence based on Minnesota's sentencing guidelines, considering factors like the severity of the offense and the defendant's criminal history.
8. Appeal: The defendant has the right to appeal the conviction or sentence. An appellate court reviews the trial record for legal errors that may have affected the outcome.

Navigating the criminal justice system can be complex. Having an experienced criminal defense attorney by your side is essential to protect your rights and achieve the best possible outcome.