There are various types of assault that can lead to a criminal conviction. If you have been charged with assault, a dedicated Rochester assault lawyer can help protect your legal rights and answer any questions you may have.
A seasoned criminal defense attorney can help you understand what penalties you may face and the long-term consequences of a criminal conviction.
Minnesota has five degrees of assault. The degree of the charge depends on the severity of the assault, the alleged victim, and whether a weapon was involved.
Assault in the first degree occurs when a person assaults another individual and causes great bodily harm. A conviction may result in up to 20 years in prison, a fine of up to $30,000, or both.
A person may be convicted of assault in the second degree if the assault involved a dangerous weapon. If convicted, they can serve a prison sentence of up to seven years, be required to pay a fine of up to $14,000, or both.
Assault in the third degree occurs when an assault results in substantial bodily harm. A conviction can lead to a maximum prison sentence of five years and a fine of up to $10,000, or both.
An individual commits assault in the fourth degree if the alleged victim is considered a member of a protected class. This includes:
Punishment for assaulting someone in a protected class can carry penalties of up to three years in prison, a fine of $6,000, or both.
Assault in the fifth degree happens when someone has the intent to create the fear of great bodily harm in another person. This charge is considered a misdemeanor and can also occur if someone intentionally inflicts or attempts to inflict bodily harm upon another individual.
A Rochester attorney can answer questions about the various types of assault charges that a prosecutor may file.
Domestic assault occurs when an assault is committed against a family member or other household member. If the assault is committed with an intent to cause fear of immediate bodily harm or to intentionally inflict or attempt to inflict bodily harm upon another person, it is classified as a misdemeanor. However, if an individual was convicted of another domestic violence offense within the past 10 years, they may be charged with a gross misdemeanor, facing a possible prison sentence of up to 364 days, a fine of up to $3,000, or both.
If an individual has two prior convictions for qualified offenses, such as assault-related crimes, they can be charged with felony assault or felony domestic assault.
If a firearm was involved in the domestic assault, the person can be charged with a gross misdemeanor. They may also be prohibited from owning a firearm for potentially the rest of their life.
Domestic assault charges can have a lasting impact on an individual’s life. Speaking with a dedicated assault lawyer in Rochester as soon as possible can significantly influence the outcome of a case.
A Rochester lawyer can help challenge an assault charge using various defense strategies. They can argue that it is a case of mistaken identity and the prosecutor has charged the wrong person with the crime. Another strategy can be to dispute the validity of the alleged victim’s testimony. If they did not get a good look at the defendant’s face, they may not be a credible witness to identify the defendant.
The prosecutor must also prove that the individual intended to commit the assault. An attorney can argue that the person displayed reckless conduct, but there was no intent to injure someone. They may also argue that it was self-defense and the defendant was trying to protect themself.
Being charged with assault – no matter the degree – is a serious matter. If you are convicted of assault, you may face lengthy prison time and fines. A knowledgeable Rochester assault lawyer can explain the criminal justice process and advocate on your behalf throughout legal proceedings. Retain one of our attorneys today to begin building your defense.
