The State of Minnesota defines assault as an act completed in which a person intends to inflict injury or cause imminent fear in another. There are various degrees of assault, according to Minnesota laws. If you have been arrested and charged with any of these crimes in Moorhead, you want Ringstrom Law, experienced Minnesota criminal attorneys on your side to help you through the court system.
Assault in Minnesota
The act of assault can be committed by making physical contact with another, or by adding a dangerous product to another’s food or drink. In Minnesota, there are several degrees of criminal assault, and the different levels or degrees are based on the amount of injury inflicted and the severity of the injury which occurred:
Assault in the fourth degree is charged as a misdemeanor and is not considered an automatic felony. This level of assault is charged as a ‘gross misdemeanor,’ which means it is not as severe as a felony, but more serious than a misdemeanor and is considered a minor crime in the court system. These charges are often made if one has an altercation with a law enforcement official, their probation officer, or other public servants. Fourth-degree assault charges are also often applied during discriminatory crimes. If one is convicted of assaulting another due to their sexual orientation, race, religion, or disability, it would be charged as assault in the fourth-degree. If convicted of fourth-degree assault, you would face up to one year in jail with up to $3,000 in fines. Contact Ringstrom Law if facing this assault as the prosecution could push for your charges to become a felony. You will need strong legal representation on your side to protect your rights.
Assault in the fifth degree is the least severe of the five levels of assault charges. This charge would not be considered a felony or a gross misdemeanor. One can be charged with assault in the fifth degree for even attempting an assault but were not successful with the act. If convicted of assault in the fifth degree, you can be sentenced up to ninety days in jail, and the presiding judge will determine fines in your case.
In the State of Minnesota, there are more severe punishments given when an assault occurs against certain employees. Anytime a law enforcement officer is assaulted, the person convicted of the crime will face much stricter consequences.
Other assault charges that include demonstrable bodily harm, such as teeth marks or bruises on specific employees while performing their duties, will also receive stricter sentencing. Employees included are:
Employees with the Department of Natural Resources while engaged in forest fire activities
School employees, administrators, and teachers
These employees are protected under Minnesota Statute 609.2231.
Other employees protected under Minnesota State Law who are assaulted by a defendant who has inflicted demonstrable harm on them when engaged in the duties, and it is proven the defendant knows or has reason to know they are a protected employee includes:
Health investigators and occupational safety
Public health nurses
Animal control officers
Those who are part of a community crime prevention group as a neighborhood patrol
Vulnerable adults are considered those who receive home care services or inpatient treatments.
Child protection workers
Parole or probation officers
Reserve law enforcement officers
Utility service workers
If an assault is committed against another person because of their national origin, sexual orientation, disability, religion, color, race, or sex, then the crime is more severely punished in the State of Minnesota under statute 609.2231.
Assaults such as hate crimes and those committed against protected employees where a defendant has previously been convicted of domestic violence are considered gross misdemeanor which is punishable up to one year in jail with a possible fine up to $3,000.
If an inmate serving a prison sentence is convicted of assault, their punishment will not begin for the assault conviction until the inmate has completed the initial sentence. This sentencing occurs even if the assault would be considered a misdemeanor including a jail sentence.
Not all offenders in the State of Minnesota are convicted of criminal assault if they have been charged with this crime. They do not all face the maximum sentencing or fines if they have an experienced criminal defense attorney working with them in courts. With an experienced legal defense, it is possible to have charges reduced, have 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 if facing assault charges.
Assault Conviction and the Consequences
When you are facing assault charges, there are non-criminal consequences to deal with. As an alleged offender, you will want an attorney working with you who is familiar with Minnesota laws. If you should be convicted of these charges, you are facing significant consequences that will impact your entire future.
At Ringstrom Law, we understand what an assault conviction means for you and what the adverse effects it will play in your life, along with the substantial fines you can face. A conviction of these charges could result in:
With an assault conviction on your criminal record, it will show up in any background check done by possible employers. You will be required to disclose the conviction on any new job application. If an employer discovers you have an assault conviction, they are legally able to terminate your employment.
There can be an enormous amount of stress on someone accused of assault, as well as on their friends and family. Assault charges carry a certain amount of embarrassment, as well as the issues involved with appearing in court, and not understanding the legal system to know what to expect. Not knowing how much fines may amount to or how much jail or prison time can be imposed are major stress factors in assault cases. Stress levels are known to escalate during these proceedings as the level of severity in the cases are often unknown until the courts have determined your sentencing. Ringstrom Law will work with you to keep you informed throughout the process and help to reduce these unknown factors as much as possible.
If convicted of an assault, a judge is able to require you to complete an anger management assessment. If it is discovered in your case, there were drugs or alcohol involved; they can also require you to undergo a chemical assessment as well. The outcome of the assessments will determine whether or not; you will be required to complete rehabilitation or counseling. These counseling and rehabilitation sessions can not only be time-consuming, but they can also become expensive.
If a person is convicted of third-degree assault, they can be placed on probation. Probation can be non-intensive or extremely intensive, where it will restrict your travel and other daily activities. If you are already on probation and then charged with assault, it could cause a probation violation.
If you have been accused of assault, there are most likely a lot of thoughts going through your mind as you worry about the possible outcomes these charges can cause you. Ringstrom Law is ready to help you through this challenging legal battle and will use their expertise with the law and the court system to reduce or dismiss the charges against you. They will work with you throughout the process and keep you informed on all possible outcomes.
Defending Assault Charges
In the State of Minnesota, you can be charged with assault even if you do not physically injure someone. Assault charges can apply if you act in a specific way and make someone fear you will harm them. Often times 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 misunderstood arguments.
The different levels of assault are a result of those actions which fall under assault charges. There are severe penalties and fines attached to some of these convictions, so you will want strong legal counsel when facing any degree of assault as there are defense strategies to implement to fight assault allegations.
An affirmative defense acknowledges that you did, in fact, commit the actions you are being charged with, but that those actions were not a criminal act. There are a number of reasons for why you acted out:
If both parties were consenting to an action, then that action cannot be considered illegal or a crime. An example of this situation would be if two people were involved in a boxing match, and one boxer sustains unexpected injuries and attempts to call it an assault. Because they both agreed to have a boxing match, neither of them can accuse the other of assault just because of unexpected injuries.
Consent is not an easy defense to use, and your attorney at Ringstrom Law will discuss your options and necessary evidence needed to use this form of defense strategy.
One of the common defense strategies used in assault cases is self-defense. This defense will show you had to defend yourself against your accuser’s threatening behavior and that the alleged victim is, in fact, the aggressor. You will have to show their behavior is what resulted in your actions, and those actions were only to defend yourself against harm.
The defense strategy can also relate if you were defending property or another person. If your actions were the result of a threat against another person and you have to protect them, you cannot be charged with assault. You also cannot be charged with assault if the other party threatened your property, and you acted out in defense. The property defense is a typical one used when someone breaks into or onto your property, and you have to defend yourself.
The disputative defense is when your attorney can question the alleged behavior you are being accused of using.
Often times, a person’s memory is unreliable. A person involved in an assault will be emotional, and their memory may become embellished or biased. Sometimes the details of the assault given by the alleged victim are not actual facts and only what they believe to have happened. Because of these behaviors, it is sometimes mistaken identity made by a victim of an assault. It happens that a person can ‘look like’ their assailant due to race, or the fact that 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.
Mistaken identity can be disputed by your attorney when evidence shows you were not the assailant. Ringstrom Law will help you to confirm this defense and work with you to put together the necessary evidence to clear your name.
With a defense strategy of challenging the accuser’s credibility, it means the victim, or a witness, is lying, and their story about your actions is not the truth. When your attorney at Ringstrom Law uses this defense, they are confident they will be able to attack inconsistencies in statements given to the authorities and make the prosecution’s case against you weak. This strategy raises doubts, and along with contrary evidence or even a rebuttal witness, the story of the event can become a different version. It means the case against you may also be dismissed.
When using the credibility defense strategy, your attorney may look into the character of the witnesses testifying against you, or your accuser’s background. Looking into these backgrounds is an attempt to argue their trustworthiness and whether or not their story about your actions can be trusted.
Just as with the ‘wrong person’ or ‘mistaken identity’ defense, the alibi defense can show evidence that you were not anywhere near the victim at the time of the assault. Your attorney from Ringstrom Law will show you were at the movies where witnesses remember seeing you, or you were at work, or even perhaps a party where guests can vouch for your attendance.
Where you were will not make a difference, the fact that matters is being able to support your claim of not being near the victim when the assault occurred. You will need to provide movie ticket stubs, fellow employees who can vouch for your presence, or any other reliable source of evidence.
When you need a defense strategy against assault charges in Minnesota, speed is essential in handling your case. You will want to contact Ringstrom Law as soon as possible. You will want to allow them time to gather the necessary evidence and information for your defense and give you the best outcome possible. Having them working for you right away will also reduce the chance of you giving statements that could harm your case.
What You Should Do If Charged with Assault
Once you have been arrested and charged with assault, your first step should be to call your attorney at Ringstrom Law. This is your legal right, and having your attorney present before making any statements could determine the outcome of your case. There are other steps to take after your arrest:
You have all heard about the Miranda, which states you have the right to remain silent after an arrest. You are not required to make any form of statement about the incident leading to your arrest until your attorney from Ringstrom Law is present. You do not want to make claims of innocence or try to explain any of your actions without an attorney by your side.
In assault charges, it is common for the accusations to be proven exaggerated or false as the events often occur during the ‘heat of the moment’ situations. If you have been accused of assault, it is important that you do not attempt to make contact with your accuser. Communication with your alleged victim could result in making your charges more severe.
The police might use interrogation tactics that have been created to trick you into talking about your case or actions. They may use promises of leniency if you admit your guilt, or they may even try to make you believe they have witnesses to the assault that does not exist.
Remember, the police do not have the legal power to lower your sentence, and whatever evidence exists is going to be presented in court. You don’t want to fall for these interrogation tactics, but remain quiet until your attorney from Ringstrom Law is by your side.
If the police should arrive at your place of business or your home to make the arrest, you want to step outside and close the door behind you. Once the door is closed, they will have to ask your permission to search your area. If you allow them inside, they will attempt to gather evidence against you. If they do not have a warrant to search, you want to refuse the search until they obtain the warrant. Once a warrant has been issued, you will have no legal standing to refuse the search; you will then have to allow them into your home or business.
Find Help When Charged with Assault Near Me
If you are facing charges for assault in Minnesota, you need an experienced attorney who understands the court system and assault laws. Contact Ringstrom Law at 218-284-0484 to ensure your future and your rights are protected. These are serious charges with life-altering consequences, and you want qualified legal representation to receive the best possible outcome with your case. Call today and speak with a criminal defense attorney in Moorhead who is ready to stand behind you and get you the best possible outcome against these charges.