Not all assault charges are treated the same in court. However, the state does not categorize assault offenses into simple or aggravated charges like in other jurisdictions. Instead, there are five individual categories—or degrees—of this charge. Each degree carries progressively harsher penalties and involves more serious allegations than the last.
These cases will vary based on the severity of the injuries and the identities of the alleged victims. If you are facing these allegations, a Mankato aggravated assault lawyer can assist you. Instead of attempting to represent yourself, let a seasoned assault attorney guide you through the legal system.
While an arrest for assault can result in a misdemeanor charge, some offenses will automatically be classified as felonies. A Mankato attorney can provide crucial support when defending against aggravated assault allegations.
Assault in the first degree is the most serious of these offenses, involving either substantial bodily harm to a person or the use of deadly force against a peace officer. Peace officers are civil officers appointed by the government to enforce laws and maintain the peace. This can include police officers, firefighters, judges, and correctional officers. A conviction can lead to a prison sentence of up to 20 years and a fine of up to $30,000.
Assault in the second degree is another aggravated charge. An individual commits this offense when they injure someone while using a deadly weapon. Deadly weapons are anything that can cause severe physical injury, such as firearms or knives. A conviction can result in a maximum of 10 years in prison and a fine of $20,000.
An aggravated assault lawyer in Mankato may utilize various defense strategies to help someone avoid a conviction. They may first evaluate all of the details of an individual’s case and recommend the best approach for their situation.
The most common strategy in cases involving physical injuries is self-defense. Every person has the right to defend themselves from an imminent threat of harm. However, they are only permitted to use a reasonable amount of force given the circumstances.
Similar to self-defense, the accused has the right to use reasonable force to protect their property from harm. This defense is viable if the accused can show that they acted in an attempt to prevent theft or damage to their property.
Assault is a crime of intent, meaning that the prosecution must prove that the individual intended to threaten or use force against another person. Accidentally injuring someone or placing them in fear of harm does not qualify as assault.
The state ultimately bears the burden of proving that someone committed assault beyond a reasonable doubt. This can be difficult, especially in cases where the two people have drastically different accounts of the incident. Often, the best approach is to highlight the weaknesses in the prosecution’s evidence instead of attempting to build a robust defense.
Knowledgeable legal counsel can thoroughly investigate the details surrounding the case and leverage the most effective defense strategy.
Aggravated assault charges should always be taken seriously. A conviction can have life-altering consequences that can affect your livelihood and personal relationships. However, with combative legal counsel, you can challenge the allegations and protect your future.
Schedule a consultation with a Mankato aggravated assault lawyer to begin building your defense.