How to Get Assault Charges Dismissed in Minnesota
It could be possible to have the assault charges against you dismissed. The difficulty of obtaining that favorable outcome will vary significantly depending on the facts of your case. Some prosecutors in Minnesota aggressively pursue assault charges, while others will be quick to a make a deal.
An experienced defense attorney could advise you on your chances of having assault charges against you dismissed, reduced, or dropped. While there is no right to having charges dropped, these efforts are often successful with the guidance of the right attorney.
The assault charges defense attorneys of Gerald Miller have negotiated the dismissal of countless criminal charges. If you are facing assault charges in Minnesota, let our team help you pursue a favorable outcome to your case. Call right away to get started.
Complaining Witnesses Cannot Drop Charges in Minneapolis or MN
A complaining witness is the alleged person or victim claiming that they have experienced assault. It is helpful to address a misconception about a complaining witness’ role in dropping criminal assault charges. Despite how the criminal justice system is displayed on television, it is not possible for a complaining witness to simply drop the charges after they have contacted the police. The moment the investigation begins, only the state can dismiss assault charges.
That does not mean the state will not take the complaining witness’ wishes into account. Often, the refusal of a complaining witness to testify or participate will be enough to cause the state to dismiss the case.
It is not unusual for the complaining witness to refuse to comply with a criminal prosecution from the beginning. Often, these individuals would have preferred that the accused was never arrested in the first place. When they make this clear to the prosecution, it is not uncommon for the state to dismiss all charges.
Methods of Having Assault Charges Dismissed in Minneapolis, MN
The complaining witness might not have the right to drop an assault charge once it has been filed, but an aggressive defense lawyer could pursue this favorable outcome in a variety of ways.
As mentioned previously, the refusal of a complaining witness to testify or otherwise participate could be enough to push the state to drop an assault charge. Your attorney could assist the witness in preparing an affidavit either recanting their allegation or making it clear they are not interested in participating.
In some cases, an attorney could obtain a dismissal by presenting overwhelming evidence of innocence. It could be possible to definitively prove that you were not involved in an assault. For example, your attorney might procure a dismissal in your case if they can obtain evidence you were not present at the time of the assault. This could include security video providing an alibi at the time of the offense.
In limited situations, it is possible to have a charge dismissed as part of an agreement to work with the prosecution on a larger case. This opportunity is rare, and is typically used in relation to drug cases and high-level felonies.
Defense attorneys also frequently obtain a dismissal by excluding evidence at trial. Any evidence obtained by the police illegally could be excluded. For example, any statements made by a defendant following an illegal arrest or traffic stop might not be allowed at trial by the judge. The lack of an admission from the defendant could weaken a case enough to cause the state to dismiss the charges.
Favorable Outcomes Other Than an Assault Charge Dismissal in MN
While a dismissal is a best-case scenario for most people facing criminal charges, it is not the only favorable outcome possible in an assault case. For some defendants, a reduction in criminal charges could be the positive outcome they are looking for. There are other favorable outcomes outside of getting charges dismissed.
Reducing criminal charges could limit or even eliminate the potential for jail time following a plea deal. In some cases, it could be the difference between a felony conviction and a misdemeanor.
Obtaining a favorable outcome in an assault case is not depending on a plea bargain. If your attorney cannot arrange for a fair deal with the prosecutor, your best option could be to pursue a trial. Prevailing at trial is possible in many assault cases. While the stress of a trial might be challenging, an acquittal will put the case against you to bed forever.
Plea Bargains in Minnesota
Pleading guilty to a charge can be a positive outcome in some cases. In fact, you might have the opportunity to plead to a lesser charge while getting charges dismissed for the more serious allegations against you.
In many cases, the state has ample evidence to secure a guilty verdict at trial. In those cases, securing a plea bargain could be in your best interests. The same is true if you believe you could prevail but receive an offer that would keep you out of jail. It is not uncommon for people that were confident that they would win at trial to accept a plea and end the uncertainty of a jury trial.
Reduction in Sentence in Minnesota
It could be possible to get the most out your defense strategy even if you are ultimately found guilty at trial. That is because the criminal process has two stages: guilt and sentencing. If you are found guilty, you still have the opportunity to advocate on your own behalf. Your attorney could make the case that despite the guilty finding, you deserve a lighter punishment.
Reduced Charges in MN
For some people, the most important thing is not that they were charged with a crime but that they were charged with the wrong crime. While a person might be willing to plead guilty to an offense, they might object to facing more serious charges than they believe is fair.
One of the positive outcomes in these cases could involve reducing an assault charge from a felony to a misdemeanor. This could provide you with a viable reason to agree to take a plea and bring your criminal case to a close.
Acquittal in Minneapolis and Minnesota
One of the optimal results in an assault case is an acquittal. Taking your case to trial has its risks, as the court could impose a sentence more severe than what was offered through plea bargaining. However, an acquittal is the ultimate end to your case as the prosecution cannot bring you up on the same charges a second time. Taking your case to trial is a strategic decision that should be made with the help of legal counsel.
Is a Minnesota Dismissal Permanent?
If the prosecution has offered to dismiss the charges against you, there are still important details that could impact your future. That is because there are two different types of dismissals: with prejudice and without. The type of dismissal the prosecution or judge is considering will determine if your case is over forever or if the state has the option to file it again.
Dismissal with Prejudice in Minneapolis
A dismissal with prejudice means the assault charges are dropped and the case is over—forever. Once a case is dismissed with prejudice, the prosecution can never bring the same charge again. This outcome is common when the state has run out of time to pursue a prosecution or when the charge is dismissed due to the violation of the defendant’s constitutional rights.
Dismissal Without Prejudice
Many times, when defendants learn their assault charges dropped, they will find out it was the result of a dismissal without prejudice. In a dismissal without prejudice, the state has the right to refile the case within a set amount of time.
This can be a frustrating end to your assault case, namely because it might not be the end at all. Having a prosecution against you come to a close is a positive thing, but the potential for the state to reopen those charges will hang over your head. Thankfully, your attorney might be able to argue a dismissal should be with prejudice instead of without.
Discuss Defense Strategies with an Assault Charges Lawyer in Minneapolis
Assault charges should always be taken seriously. Even a misdemeanor offense could alter your life in unexpected ways if you are convicted. The good news is that a dismissal could be possible in many misdemeanor cases.
You are entitled to seek legal counsel and discuss your options before entering into a plea deal. Often, your attorney might recommend that you take your case to trial as opposed to pleading guilty. The attorneys of Gerald Miller could review your case and advise you on your best options for moving forward. To get started, schedule your free consultation today.
Originally published March 10, 2021 and updated 0ctober 29, 2021.
