Protect your rights NOW — 24/7 hotline to speak with Minneapolis assault charge defense lawyer David Balmer
Assault — even if charged as a misdemeanor — is a serious crime. A conviction carries serious consequences. If you have been arrested, charged, or even just questioned by police, you need to speak with a Minnesota criminal defense attorney. Contact the Balmer Law Office for a free, confidential case evaluation. The Balmer Law Office is available via its 24-hour hotline: 612-326-4175.
Based in Minnetonka, the firm practices in Hennepin County and throughout Minnesota.
Minnesota Assault Law
Minnesota statutes §§ 609.221–609.2242 divide the offense into five degrees (or severity levels). In Minnesota the consequences of a conviction for assault 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 which you are charged depends upon the level of harm alleged to be inflicted upon the victim.
Surprisingly, it is not necessary to hit someone in order to be convicted of the crime of assault. The main element in the crime is intent. The State need only prove that you intended to cause fear in another of immediate bodily harm or death.
Fifth Degree Assault, Minnesota Statute § 609.224
The fifth degree offense is typically charged as a misdemeanor. It is the simplest form of the offense. However, the fifth degree crime of assault can also be charged as a gross misdemeanor or felony if committed within varying time periods of a previous conviction.
Fourth Degree Assault, Minnesota Statute § 609.2231
Fourth degree assault can be charged as a gross misdemeanor or felony. A 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
First degree assault is usually charged 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 of an Assault Conviction in Minnesota
A conviction for assault can have devastating consequences. A conviction may result in the loss of a professional license, the right to possess a firearm, or the loss of permanent legal residency for non-citizens. Additionally, a conviction may impact how future conduct is charged. It is crucial to have an experienced defense attorney in your corner.
Contact the Balmer Law Office — Minnesota Criminal Defense Attorney
If you or a loved one has been arrested, charged, or questioned regarding an assault anywhere in Minnesota, Minneapolis criminal defense attorney David Balmer will be happy to review your case and discuss the factors leading to the specific charge you are facing. Most importantly he will outline a strategy to obtain the best possible result based on your specific circumstances.
Contact the Balmer Law Office for a free, confidential case evaluation. The Balmer Law Office is available via its 24-hour hotline: 612-326-4175.
