Assault Lawyer

Assault, and related offenses, in Minnesota is a serious offense that can range in severity from a misdemeanor, up to a gross misdemeanor and even a felony.  Some offenses, such as 1st Degree Assault, 2nd Degree Assault, 3rd Degree Assault and Domestic Assault by Strangulation, are felonies regardless of the person’s prior criminal history.  Others can be enhanced and made more serious based on prior criminal record.  Both Domestic Assault and Domestic Assault can be enhanced from a misdemeanor to a gross misdemeanor or even a felony depending on if there are prior convictions for similar conduct within certain time frames.  If you are charged with any assault charges you need to consult with a lawyer right away.

Assault

  • 1st Degree Assault, 609.221 – Assault involving great bodily harm.  This is a felony offense that can carry a prison sentence. 
  • 2nd Degree Assault, 609.222 – Assault involving the use of a deadly weapon.  This is a felony offense that can carry a prison sentence.
  • 3rd Degree Assault, 609.223 – Assault involving substantial bodily harm.  This is a felony offense that can carry a prison sentence.
  • 4th Degree Assault, 609.2231 – Assault involving a peace officer, firefighter, or court staff (amongst others).  This offense can be a gross misdemeanor or even a felony if there is demonstrable bodily harm or the offender transfers bodily fluids or feces at or onto the alleged victim.
  • 5th Degree Assault, 609.224 – Typical assault without significant injury or use of a weapon.  A first offense is a misdemeanor.  The charge can be aggravated to a gross misdemeanor or felony depending on prior criminal history.

Threats of Violence, 609.713 – Threats of violence involve verbal or written threats to commit a crime of violence with the purpose to terrorize another or in reckless disregard of causing such terror.  This is a felony that can carry a prison sentence.

Domestic Assault

  • Domestic Assault by Strangulation, 609.224 – Strangulation of a family or household member.  This is a felony offense that can carry a prison sentence. 
  • Domestic Assault causing bodily harm, Domestic Assault with intent to cause harm, and Domestic Assault with intent to cause fear of harm, 609.2242 – Assault (harm or intent to cause fear) of a family or household member.  The charge can be aggravated to a gross misdemeanor or felony depending on prior criminal history.

Violation of Orders

  • Violation of an Order for Protection, 518B.01 – This is a protection order against a family or intimate partner.
  • Violation of a Domestic Abuse No Contact Order, 629.75 – This is a violation of a Judge’s order related to a domestic abuse criminal charge.
  • Violation of a Harassment Restraining Order, 609.748 – This is a violation of a restraining order where there is an allegation of harassment.

A first offense for Violation of an Order for Protection, Violation of a Domestic Abuse No Contact Order or Violation of a Harassment Restraining Order is a misdemeanor.  The charge can be aggravated to a gross misdemeanor or felony depending on prior criminal history.

Assault charges and Assault-related charges can result in significant consequences including jail or prison time, loss of firearms rights, probation (which can include conditions such as abstinence, reporting to an agent, remaining law abiding, etc.), and restrictions on contact with family or loved ones.  Contact us for a consultation if you are charged with Assault.  An attorney can review the case for factual or legal issues and can also help to minimize the potential consequences that you might be facing.