Assault and battery are common law crimes. States carried these terms over when they codified their criminal laws, but Minnesota did some additional cleanup by merging these crimes into a single statutory offense.
Specifically, “battery” is no longer used in Minnesota’s criminal statutes. Instead, the state only uses the term “assault” to describe criminal charges involving bodily harm.
Criminal assault in Minnesota covers two acts:
Assault charges in Minnesota can range from a misdemeanor without jail time to a felony that could land the assailant in prison for decades. The goal of a battery attorney in Minneapolis is to get the charges dismissed or reduced as much as possible.
Minnesota law determines the punishment for assault based on factors such as the identity of the victim, the use of a weapon, and the severity of the victim’s injuries. The severity of assault charges is denoted by the “degree” of the assault. Fifth-degree assault comes with the least severe punishments, while first-degree assault has the most serious sentences.
First-degree assault covers four types of assault, including:
Great bodily harm means an injury with a high probability of death, permanent disfigurement, or permanent disability.
Second-degree assault covers two offenses:
Substantial bodily harm refers to injuries causing temporary disfigurement, temporary disability, or a fracture.
Third-degree assault includes the following offenses:
Child abuse involves violations of any state and federal criminal law directed at protecting children from assault.
Fourth-degree assault covers several offenses that protect specific people from assault, including:
Fifth-degree assault is the most minor assault offense. It covers all other simple assaults.
A conviction for first-degree assault can result in a minimum mandatory sentence of ten to 25 years and a maximum sentence of 30 years. The person must serve the minimum mandatory sentence before becoming eligible for probation, parole, discharge, work release, or supervised release.
On the other hand, second-degree assault convictions result in a maximum sentence of seven years for assault with a dangerous weapon and ten years for assault with a dangerous weapon causing substantial bodily harm.
The penalties for third-degree assault can include prison sentences of up to five years, while fourth-degree assault is punishable by up to 364 days in jail. Fifth-degree assault is punishable by up to 90 days in jail.
Under Minnesota law, prosecutors can file enhanced assault/battery charges if certain aggravating factors are present, including:
When you face assault charges, the prosecutors bear the burden of proving any aggravating factors. Our Minneapolis assault lawyers can often undercut the prosecutor’s case for aggravating factors, positioning you for a better outcome of the underlying charges.
An assault arrest in the Twin Cities can be stressful. Fortunately, a battery attorney in Minneapolis from our team can provide you with legal options. Potential defenses could be mistaken identity, false accusations, and self-defense, any of which could push prosecutors to reduce or drop the charges.
Our assault and battery lawyers can also fight aggravating factors or increased charges that are not justified by the facts. This strategy can prevent the prosecutors from overcharging you. The prosecutor might lack the evidence to support such charges against you, leading to a dismissal or favorable plea deal.
Hiring a local Minnesota criminal defense lawyer is vital when you’re facing assault charges. Assault cases in Minnesota can be complex, requiring extensive legal knowledge and substantial experience crafting effective defenses. Our seasoned team has the skills and resources to secure the best possible outcome in your case.
To prove self-defense was necessary in your case, our lawyers collect evidence showing that you had a reasonable belief that force was necessary to prevent injury or death to you or someone else or to protect your property. However, you can only use reasonable force.
A judge can impose a fine with no jail time in Minnesota. This is typically reserved for fifth-degree assaults.
Hiring an attorney to help you fight assault charges can increase your chances of success, reduce your stress and anxiety, and give you peace of mind.
Contact Eraser Law today at 612-422-4950 or use our online form to schedule a case consultation.
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