1. What is assault?
There are three broad categories of assault in Minnesota that include (A) domestic assault; (B) sexual assault; and (C) regular assault.
A. Domestic Assault
Domestic assault can range from a misdemeanor offense up to a felony level offense. At the misdemeanor level it requires only “bodily harm” or the “fear” of immediate bodily harm. Minnesota Statute 609.2242. At the felony level, the most frequent charge is domestic assault strangulation, which requires that the complaining witness’s breathing was impeded. Minnesota Statute 609.2247. If you have two or more priors, you can also be charged with a felony.
B. Sexual assault
See the sex crimes section of this website.
C. Regular assault
Minnesota has five degrees of assault. 1st degree assault is the most serious. It is a felony level offense. And the presumptive prison sentence is 86 months or more depending on your criminal history score. Minnesota statute 609.221. 5th degree is the least serious. it is misdemeanor. Minnesota Statute 609.224. All of the other assault statutes fit in-between these two extreme.
2. What’s at Stake?
There are many negative consequences that can come from a conviction:
- Prison or Jail Sentence
- Forfeiture of Cars and Cash
- Court Fines
- Loss of Gun Rights
- Impact on Career
- Probation Violations
3. What are you up against?
If you look at the caption of the case, it says the “State of Minnesota v. [Your name]”. It’s not a fair fight. It’s one person versus the government. Learn about the various forces you are going against:
4. What’s going for you?
You don’t need to take your charges sitting down. Hire a skilled criminal defense attorney. Peter Lindstrom has gotten assault charges dismissed or lowered numerous times. But every case is different, so there are no guarantees about what will happen in your case. Just an example of a few defenses in assault cases are:
- Self-defense
- Defense of others
- Necessity
Contact Subzero Criminal Defense and we can start working on your case as soon as today. (651-248-5142)