Assault

Assaults can be both direct or indirect. It may involve physical contact or no physical contact. In Minnesota, the type and amount of harm, as well as who the victim was, will determine the severity.

If you are facing charges for assault in Minnesota, you need an experienced attorney. Contact Ringstrom DeKrey to speak with a criminal defense attorney serving Moorhead and Greater Minnesota. We’re ready to stand behind you and get you the best possible outcome.

Assault in the first degree (Minn. Stat. § 609.221), a felony charge, is the most serious. This degree of assault includes the use of force resulting in serious harm to another. Assaults on a state judicial employee, such as a police officer or a judge are 1st degree.

If convicted of first-degree assault, you could be facing up to twenty years in prison and $30,000 in fines.

Second Degree Assault

Second degree assault (Minn. Stat. § 609.222), is a felony charge when it involves a dangerous weapon. If the weapon has inflicted serious bodily harm, a conviction will carry a more significant prison sentence. Conviction of second-degree assault carries a maximum sentence of seven years in prison and a fine up to $14,000.

If the use of a weapon caused major injuries, the prison term can be up to ten years with a possible $20,000 fine.

Third Degree Assault

Third degree assault (Minn. Stat. § 609.223) is a felony in Minnesota. For example, an assault resulting in substantial bodily harm falls under this charge. An assault on a minor child, if the same perpetrator has a pattern of abusing the same victim, will be a third-degree assault.

Finally, any assault on a child who younger than four years of age is a third-degree assault.

If convicted of assault in the third degree, you could face up to five years in prison and a $10,000 fine.

Fourth Degree Assault

Fourth degree assault (Minn. Stat. § 609.2231) can be either a gross misdemeanor or a felony, depending on the facts of the case. Felony charges are often brought if the crime is against a law enforcement official, a probation officer, or other public servant.

If convicted of fourth-degree assault, you could face up to one year in jail and $3,000 in fines.

Contact Ringstrom DeKrey if you are facing a fourth-degree assault charge. The the prosecutor may charge you at a felony level, rather than a gross misdemeanor. You will need strong legal representation on your side to protect your rights.

Fifth Degree Assault

Fifth degree Assault (Minn. Stat. § 609.224) is the least severe of the five levels. This is a misdemeanor charge brought when someone creates fear of bodily harm or death.

It is also applied if someone inflicts or attempts to inflict bodily harm on another. This charge could be a gross misdemeanor if the individual has been previously convicted of another qualifying offense within the past ten years against the same victim. If another crime happened within three years against another victim, it can be a gross misdemeanor.

If convicted of assault in the fifth degree as a gross misdemeanor, sentencing may include up to one year in prison and a $3,000 fine. A felony conviction carries a penalty of up to five years in prison and a $10,000 fine

Hate Crime Assaults

A hate crime occurs when you assault someone because of their national origin, sexual orientation, disability, religion, etc. This is more severely punished in Minnesota under statute 609.2231, subdivision 4.

Assaults such as hate crimes are gross misdemeanors and are punishable by up to one-year in prison and a $3,000 fine.

If two or more hate crime assaults occur within five years, the charge becomes a felony. This is punishable by up to one year plus one day in prison and a $3,000 fine.

If two or more hate crime assaults occur within five years, the charge becomes a felony, which is punishable by up to one year plus one day in prison and a $3,000 fine.

Inmate Assault

If an inmate commits an assault while in prison, their punishment will not begin until they complete their initial sentence.

It is possible to have charges or penalties reduced, and in some cases, an experienced defense attorney can have charges dismissed. Ringstrom Law understands the laws in Minnesota and is able to help you through this difficult time of facing assault charges.

Defenses

In the state of Minnesota, you can be charged with assault even if you do not physically injure someone. Assault charges can apply even if you make someone fear you will harm them. Oftentimes, a mutual altercation or an act of self-defense can lead to an assault charge. These charges can be the result of a heated argument, exaggerated accusations, or even misunderstanding.

There are severe penalties and fines attached to some of these convictions. That said, so you will want strong legal counsel when facing any degree of assault.

Disputative Defense

The disputative defense is when your attorney calls into question the facts case, like the victim’s allegations into question and their ability to recall events correctly and accurately.

Mistaken Identity

Oftentimes, a person’s memory is unreliable. A person involved will be emotional, and their memory may become unclear or biased. Sometimes the details of the assault given by the alleged victim are not facts. Because of this, it is sometimes a case of mistaken identity. It happens when a person can “look like” their assailant due to race, or if you were in the area when the assault took place.

If your face looks familiar because the victim saw you when the attack took place, they may become confused and involve you in the assault. Your attorney can dispute your charge if it is a case of mistaken identity. Ringstrom Law will help you to develop this defense and work with you to put together the necessary evidence to clear your name.

Accuser’s Credibility

Challenging the accuser’s credibility, means the victim, or a witness, is lying, and their story is false. Thus, an attorney uses this defense, to attack inconsistencies in statements. This strategy raises doubts, and along with contrary evidence.

A case dismissal can occur when you challenge an accuser’s credibility. When using the credibility defense strategy, your attorney may research the victim’s history or their character. This can call into question their trustworthiness and whether their story about your actions is true.

Alibi

An alibi defense can show evidence that you were not anywhere near the victim at the time of the assault. For example, you were at the movies where witnesses remember seeing you, or you were at work where coworkers can vouch for your attendance.

However, where you were is usually not important. What matters is being able to support your claim of not being near the victim when the assault occurred. You will need to provide evidence like movie ticket stubs or fellow employees who can attest to your presence.

Affirmative Defense

An affirmative defense acknowledges that you did commit the crime, but that your actions were not a criminal act. Consent and self-defense are two examples of an affirmative defense.

Consent

If both parties were consenting to an action, then that action isn’t considered illegal or a crime. An example would be a boxing match that involved two people, and one boxer sustains unexpected injuries and attempts to call it an assault. Because both people agreed to have a boxing match, neither of them can accuse the other of assault.

Consent is not an easy defense to use. Your attorney at Ringstrom Law will discuss your options and necessary evidence needed to use this form of defense strategy.

Self-Defense

One of the common defense strategies used in assault cases is self-defense. This defense aims to prove that you defended yourself against the accuser’s behavior. Here, you will have to show their behavior caused your actions. Your actions were only to defend yourself against harm.

This defense strategy can also be applicable if you were defending property or another person.

You also are not guilty of assault if the other party threatened your property. The property defense is a typical one used when someone breaks into your property, and you have to defend yourself.