Assault Charges Lawyer Minneapolis MN

Facing assault charges in Minneapolis or anywhere in Minnesota is a terrifying experience. A conviction can result in severe penalties, including significant jail or prison time, hefty fines, and a permanent criminal record that can impact your employment, housing, and civil rights for the rest of your life. When your future is on the line, you need an experienced, aggressive, and dedicated Minneapolis assault charges lawyer fighting for you.

At Barry Hogen Law, we understand the stress and uncertainty you are going through. With over 36 years of experience defending clients against all levels of assault charges, Barry Hogen has the knowledge, skill, and tenacity to protect your rights and achieve the best possible outcome in your case.

Understanding Assault Charges in Minnesota

In Minnesota, assault is defined broadly and encompasses a wide range of behaviors. You can be charged with assault even if you did not physically harm someone. According to Minnesota Statutes Section 609.224, assault is defined as:

• An act done with intent to cause fear in another of immediate bodily harm or death; or
• The intentional infliction of or attempt to inflict bodily harm upon another.

This means that simply threatening someone or raising a fist in anger can lead to assault charges, even if no physical contact occurs.

Degrees of Assault in Minnesota

Minnesota law categorizes assault into five degrees, ranging from misdemeanors to severe felonies, depending on the circumstances of the offense, the level of harm inflicted, and the identity of the victim.

First-Degree Assault (Felony)

First-degree assault is the most serious assault charge in Minnesota. It involves assaulting another person and inflicting “great bodily harm,” or assaulting a peace officer or prosecuting attorney using deadly force. Great bodily harm is defined as an injury that creates a high probability of death, causes serious permanent disfigurement, or causes a permanent or protracted loss or impairment of the function of any bodily member or organ.

Penalties: Up to 20 years in prison and/or a fine of up to $30,000.

Second-Degree Assault (Felony)

Second-degree assault involves assaulting another person with a dangerous weapon. If the assault results in substantial bodily harm, the penalties are even more severe. A dangerous weapon can be a firearm, a knife, or any object used in a way that is calculated or likely to produce death or great bodily harm.

Penalties: Up to 7 years in prison and/or a fine of up to $14,000. If substantial bodily harm is inflicted, the penalty increases to up to 10 years in prison and/or a fine of up to $20,000.

Third-Degree Assault (Felony)

Third-degree assault involves assaulting another person and inflicting “substantial bodily harm.” Substantial bodily harm is defined as an injury that involves a temporary but substantial disfigurement, causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or causes a fracture of any bodily member.

Penalties: Up to 5 years in prison and/or a fine of up to $10,000.

Fourth-Degree Assault (Felony or Gross Misdemeanor)

Fourth-degree assault typically involves assaulting specific classes of individuals, such as peace officers, firefighters, emergency medical personnel, school officials, or vulnerable adults, while they are performing their duties. The severity of the charge depends on the specific circumstances and the victim’s occupation.

Penalties: Varies depending on the specific offense, but can range from a gross misdemeanor (up to 1 year in jail and/or a $3,000 fine) to a felony (up to 3 years in prison and/or a $6,000 fine).

Fifth-Degree Assault (Misdemeanor or Gross Misdemeanor)

Fifth-degree assault is the most common assault charge and is often referred to as “simple assault.” It involves committing an act with intent to cause fear in another of immediate bodily harm or death, or intentionally inflicting or attempting to inflict bodily harm upon another.

Penalties: Typically a misdemeanor punishable by up to 90 days in jail and/or a $1,000 fine. However, if the offense is committed against the same victim within a certain timeframe, or if the defendant has previous assault convictions, the charge can be elevated to a gross misdemeanor or even a felony.

Domestic Assault

Domestic assault is a specific type of assault that occurs against a family or household member. This includes spouses, former spouses, parents, children, persons related by blood, persons who are currently residing together or who have resided together in the past, persons who have a child in common, and persons involved in a significant romantic or sexual relationship.

Domestic assault charges carry unique and severe consequences, including mandatory arrest policies, no-contact orders, and the potential loss of your right to possess a firearm. A conviction can also impact child custody and visitation arrangements.

Defenses Against Assault Charges

Being charged with assault does not mean you will be convicted. There are numerous defenses that a skilled Minneapolis assault lawyer can employ to protect your rights and fight the charges against you. Some common defenses include:

• Self-Defense: You have the right to use reasonable force to protect yourself from an imminent threat of bodily harm. If you reasonably believed you were in danger and used a proportionate amount of force to defend yourself, you may have a valid self-defense claim.
• Defense of Others: Similar to self-defense, you have the right to use reasonable force to protect another person from an imminent threat of bodily harm.
• Defense of Property: In some circumstances, you may use reasonable force to prevent a trespass or other unlawful interference with your property.
• Lack of Intent: Assault requires intent. If the physical contact or the act that caused fear was accidental or unintentional, you cannot be convicted of assault.
• False Accusations: Unfortunately, false accusations of assault are common, particularly in domestic disputes or heated arguments. A thorough investigation can uncover inconsistencies in the accuser’s story and expose false allegations.
• Insufficient Evidence: The prosecution must prove every element of the offense beyond a reasonable doubt. If the evidence is weak, contradictory, or unreliable, your attorney can challenge the prosecution’s case and seek a dismissal or acquittal.

Why Choose Barry Hogen Law?

When facing assault charges, the attorney you choose can make all the difference in the outcome of your case. Here is why you should trust Barry Hogen Law with your defense:

• Extensive Experience: With over 36 years of experience in criminal defense, Barry Hogen has handled countless assault cases, ranging from simple misdemeanors to complex felonies. He knows the law, the courts, and the strategies needed to win.
• Aggressive Representation: Barry Hogen is a fierce advocate for his clients. He will meticulously investigate your case, challenge the prosecution’s evidence, and fight tirelessly to protect your rights and your future.
• Personalized Attention: At Barry Hogen Law, you are not just a case number. We provide personalized, compassionate representation, keeping you informed and involved at every stage of the legal process.
• Proven Track Record: Barry Hogen has a proven track record of achieving favorable outcomes for his clients, including dismissals, acquittals, and reduced charges.

Contact a Minneapolis Assault Charges Lawyer Today

If you or a loved one has been charged with assault in Minneapolis or anywhere in Minnesota, do not wait to seek legal representation. The sooner you contact an experienced criminal defense attorney, the better your chances of a favorable outcome.

Contact Barry Hogen Law today at (612) 338-5545 to schedule a free, confidential consultation. We will review your case, explain your rights and options, and develop a strong defense strategy tailored to your unique situation. We are available 24/7 to take your call and start fighting for you.