Criminal Assault

Three Experienced Lawyers, One Powerful Law Firm

Criminal Defense Attorney
Focusing On Assault Cases

Three Attorneys
One Powerful Law Firm

Are you looking for a criminal defense attorney to help you with an assault charge? Contact a criminal defense attorney focusing in assault charges today at the law office of Gerald Miller.
Learn More

Understanding Domestic Assault

Minnesota has tough assault laws – and even harsher punishments. The court considers assault an attempt to cause injury or bodily harm or causing injury or bodily harm to another person. Assault ranges from punching someone in the face, going after them with a weapon, and domestic violence.
The Minneapolis criminal defense lawyers at Gerald Miller, P.A. can represent you in your assault case, no matter how dire the situation might appear or what the police told you. If you’re unsure what you’re facing, we can help. Assault includes:

Domestic Assault 

In Minnesota, it is against the law to “intentionally inflict physical harm” or “cause fear of immediate physical harm or death” to another family or household members including:

  • spouses and former spouses  
  • parents and children  
  • persons related by blood  
  • persons who are presently residing together or who have resided together in the past  
  • persons who have a child in common regardless of whether they have been married or have lived together at any time  
  • a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time 
  • persons involved in a significant romantic or sexual relationship

Typically in Minnesota, a first offense domestic assault is a misdemeanor that is punishable by up to 90 days in jail, and/or a fine of up to $1,000. And although the sentencing can be scary, usually the hardest part of an assaultive offense, is that the court will place you on certain conditions of release. Your gun rights will be forfeited. Many times, a judge will order an offender to have no contact with the victim, which for some means finding another place to live and abiding by the protection order. 

In Minnesota, a first-time violation of a protection (or no contact) order is a misdemeanor that could start with an arrest, a few days in jail waiting for a court date, get you forced into counseling or other behavioral adjustment programs. If you violate the order within 10 days of a prior domestic violence-related conviction, it’s a gross misdemeanor and the jail time as a possible sanction increases. The statutes in play allow for enhancement based on prior history. The charge level goes up, and the possibility of serving jail time goes up with it.

If you have two prior domestic violence-related convictions within the past 10 years or you violated the order while in possession of a dangerous weapon, the violation is a felony with a 30-day minimum and five-year maximum imprisonment and a fine up to $10,000. 

It’s important to have an experienced Minnesota domestic assault attorney on your side to help bring you the best outcome possible. Contact the Minneapolis domestic assault lawyers at Gerald Miller, P.A. We can help.

Seek Legal Help Now

If you are arrested, or
you are charged with any kind of assault

It is important that you seek legal representation before you speak to investigators. Give Gerald Miller, P.A. a call as soon as you can after your arrest. We are here 24 hours a day, 7 days a week to answer your questions and fight for your rights. Contact us today to schedule your free and confidential case evaluation at 612-440-4610 or visit our live chat via our home page.

Degrees of Assault in Minnesota 

Assault involves trying to harm another person or actually inflicting bodily harm. The law sees the severity of the crime through different degrees, or levels, of assault. 

Assault in the 1st Degree

The most serious form of the offense is 1st degree assault and is charged when either the accused causes great bodily harm to the complaining witness or assaults a law enforcement officer with a deadly weapon.  A violation of this offense will lead to exposure to a sentence of up to 20 years in prison or a fine of up to $30,000.

Assault in the 2nd Degree

The accused can face this charge if they used a dangerous weapon during the commission of the offense.  The punishment for 2nd degree assault includes a maximum term of imprisonment of 7 years or a fine up to $14,000.  If the accused inflicts substantial bodily harm, the penalties increase to a maximum of 10 years imprisonment and a fine of up to $20,000.

Assault in the 3rd Degree

This offense can be charged when inflicting substantial bodily harm or assault of a minor is involved.  The exposure for a conviction of this offense is up to 5 years in prison and a fine up to $10,000.

Call a Criminal Defense Attorney Now

Do not wait until you are in the trenches of your legal battle to enlist the support you need to successfully defend your rights. Contact a criminal defense attorney with a focus on criminal assault charges at the law firm of Gerald Miller today.

Assault in the 4th Degree

An assault against a peace officer engaged in duties imposed by law, including executing a lawful arrest, constitutes a gross misdemeanor.  The offense carries a potential penalty of up to 12 months incarceration and a maximum fine of $3,000.

The offense becomes a felony when the victim suffers demonstrable bodily harm, which is punishable by up to 3 years in prison and a fine up to $6,000.  If an assault is committed against a fireman or other emergency medical responder during the performance of their duties, the offense is a felony, punishable by 3 years in prison and a fine up to $4,000.

Assault in the 5th Degree

This type of assault is sometimes called “simple assault”. It involves the commission of the offense with intent to cause fear or immediate bodily harm or intentionally inflicting or attempting to inflict bodily harm on another.  A violation of this grade constitutes a misdemeanor, which can result in up to 90 days in jail and/or a maximum fine of $1,000.

What Our Clients think of us

“The outcome of this dire situation really came down to the knowledge, dedication, and passion from my Lawyer, [Gerald Miller]…He knows people, how to treat them, be fair, and get what he asks for. I am now able to continue my life as normal, and continue to learn from my mistakes, and all of this would not have been possible without Gerald.”
| Former Client
"I have nothing but fantastic things to say about Kyle Dreger and the team at Gerald Miller P.A. Though I am confident I won't need their services in the future, I wouldn't recommend anyone else."
Samantha Fisher
| Google Review
“Thank you for doing a super job with my son’s case. It is a great comfort knowing you are representing him”
Logo - widened
| Parent of a Client
"Gerald and his team have always been there the second I need them! It had been many years since I used them, but just like the first time they immediately made me part of the family. Their knowledge, experience and communication is second to none. I reccomend to all I know, and would highly recommend over a public pretender."
Brian Chandler
| Google Review

Frequently asked questions

There are five major categories of assult which are listed and explained in the section above.

Being charge with assault means potential penalties of fines, disqualification from certain privileges, opportunities, and awards, and often jail time.

First degree assault is a felony charge. Being found guilty of first degree assault puts you at risk of up to $30,000.00 in fines and twenty years in prison.

The first thing you should do if you are facing assault charges is call a lawyer. And not just any lawyer, but a lawyer who deals with the criminal court system and assault charges on a daily basis. We are those lawyers.

This information is for information purposes only and is not to be construed as an attorney-client relationship. For answers to your specific legal issue, you should speak to a lawyer in person. Contact Us

Are you facing criminal charges? YOUR FUTURE IS ON THE LINE.  The lawyers you choose will make a difference. You need one of the top criminal defense law firms in Minnesota. There is no substitute for experience. Our team has over 50 years of collective experience. We will make sure your rights are protected. We are committed to getting the best results no matter what the challenge. We are by your side every step of the way. We have helped thousands of others just like you. Don’t risk your freedom. Make the proven choice.  Call us now at 612-440-3677 and get your free consultationOur team is standing by 24/7 ready to help you.