1. What is threatening with a gun?
There are two primary ways that threats with a gun or something that looks like a gun are charged.
- Threats of Violence
- 2nd Degree Assault (fear)
(1) Threats of Violence – Minn. Stat. § 609.713
The most frequent subdivision of threats of violence that is charged is for verbal threats of a crime of violence under subdivision 1. However, displaying, exhibiting, or brandishing a replica firearm or BB gun can be a gross misdemeanor offense under subdivision 3.
(2) 2nd Degree Assault (fear) – Minn. Stat. § 609.222 subd. 1
Many people assume that to be guilty of assault one would need to physically harm another person. But there are numerous statutes that allow a person to be guilty of assault if the defendant caused fear of imminent harm. 2nd degree assault criminalizes the use of a dangerous weapon in committing an assault (which includes fear based assault) against another person. A dangerous weapon includes guns, knives, and other objects capable of producing death or great bodily harm. See Minn. Stat. 609.02 subd. 6.
2. What’s at Stake?
There are many negative consequences that can come from a conviction for a gun offense:
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 been trained at the state’s best seminar in litigating gun cases. Just an example of a few defenses in gun cases are:
- Proximity is not possession
- DNA transfer
- Self-defense
- 4th amendment violations
Contact Subzero Criminal Defense and we can start working on your case as soon as today. (651-248-5142)