Minneapolis Attorney for Assault & Domestic
Assault
Assault involves a crime of violence against another person. In Minnesota, assault charges are prosecuted according to the severity of the injury inflicted and the relationship between the victim and the accused. Minnesota has five degrees of criminal assault, with first degree assault as the most serious and fifth degree as the least serious. Fifth degree assault does not require a physical injury or physical contact - simply the threat of physical violence can be enough to charge someone with fifth degree assault.
First Degree Assault
Great bodily harm has been inflicted upon another or deadly force has been used against a peace officer of any type while on duty. A First Degree Assault could have a penalty of up to 20 years in prison and $30,000 in fines.
Second Degree Assault
Second degree assault occurs when the accused assaults another with a dangerous weapon. Second degree assault could have a penalty of up to 7 years in prison and $14,000 in fines.
Third Degree Assault
When one who commits assault inflicts substantial bodily harm to another. Third degree assault can have a prison sentence of up to 5 years and $10,000 in fines.
Fourth Degree Assault
Fourth degree assault occurs when a person assaults a peace officer, emergency room doctor, firefighter, natural resource employee, nurse, or other such individual. One is also guilty of Fourth Degree Assault in within the State of Minnesota if they engage in assault behavior that is driven by bias. Fourth degree assault may be considered a gross misdemeanor and have a penalty of up to a year in jail and $3,000 in fines.
Fifth Degree Assault
Fifth degree assault occurs when one commits assault in an attempt to cause bodily harm, death, or to cause fear in another. A Fifth Degree Assault has the potential to carry a 90 day jail term and possible penalties.
Domestic Assault
There is a sixth crime category of domestic assault in the State of Minnesota. When an act of assault is committed against someone within the household, it is domestic assault. Domestic assault can include physical harm or simply the act of inciting fear in an individual. This fear can involve fear for their life or fear of being injured. A person convicted of domestic assault faces additional penalties and restrictions beyond those faced by someone convicted of assault.
In Minnesota, domestic assault does not require any physical contact between the parties involved. Nor is domestic assault limited to assault of a current spouse. It also includes assault of (1) a past spouse; (2) anyone to whom you are related by blood; (3) anyone with whom you have (or are expecting) a child; (4) anyone with whom you currently live; and (5) anyone with whom you are involved in a “significant” sexual or romantic relationship.
The accused can be charged with a more serious crime. Citizens previously been convicted of domestic assault who are charged with domestic assault within 10 years, 5th degree assault, harassment, stalking, violation of an order for protection, violation of a restraining order or violation of a domestic abuse no contact order can be charged with a gross misdemeanor. People who have two prior convictions within 10 years can be charged with a felony. State and federal laws that apply to cases of domestic assault conviction can results in the prohibition of offenders from possessing a firearm.
Assault or domestic assault charges can lead to serious consequences if not dealt with correctly. Retaining a Minneapolis criminal lawyer can prevent a conviction and otherwise protect your rights. With your future at stake, contact the knowledgeable Minnesota criminal defense attorney Paul Edlund as soon as possible. Serving Minneapolis, St. Paul, the Greater Twin Cities Metro and beyond, Mr. Edlund is a reputable criminal defense attorney with an exceptional rate of success. The earlier you reach out to involve Minneapolis attorneys, the better your attorney will be able to defend you: Contact Paul Edlund today for a consultation!
PHONE: 612.338.2829