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Ordinary Assault

Aggravated Assault

Domestic Assault

Protected Classes Assaults

Assault is one of the most commonly charged criminal offenses in Minnesota. Assault also has some of the worst direct and collateral consequences of any criminal charge in Hennepin County. Especially for enhanced or aggravated assault, a conviction could mean lengthy incarceration. Additionally, domestic violence convictions have severe consequences in family court and any assault conviction, even if the defendant received deferred adjudication, could have significant immigration consequences.

At Gerald Miller P.A., our Minneapolis assault lawyers fully understand what is at stake and how frightening these charges can be. So, we scrutinize the facts and the law, looking for available defenses. Then, once we have the proper tools in hand, we never stop fighting for you.

Meet Our Team

Three Attorneys, One Powerful Law Firm

Kyle Dreger

Minneapolis Assault Lawyer

Gerald Miller

Minneapolis Assault Lawyer

Cody Wright

Minneapolis Assault Lawyer

Why Choose Us

Why Choose Us

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    • We offer you a FREE, no obligation initial consultation.
    • Our team is available to you 24/7/365. You can contact us at anytime of day or night and we will be there to help you.
    • Not all attorneys are the same.• We only practice criminal law. We are able to intensely focus on your criminal case.• We have decades of experience and have represented thousands of clients. We have the knowledge and skill to give you the representation you need in your case.

      • We will work passionately and tirelessly on your individual case. We understand that each case is uniquely different and we promise to tailor our approach to your individual needs. We will fight hard for you and be by your side every step of the way.

      • We understand the severity of a criminal case in your life. We will not only match that level of gravity during your representation, rather we will exceed it.

      • We promise to treat your personal case with compassion and respect every step of the way. We understand that you may have fears, concerns and questions. We will listen to you and put ourselves in your shoes so that we are able to give you the best and most individualized representation possible.

      • We are a team. Are resources are deep and strong. We collaborate and continually draw from each other’s experience to devise the best strategy and defense for you.

    Types of Assault in Minneapolis

    Ordinary Assault

    Frequently, simple assault cases are verbal arguments which escalated to physical violence. Commonly, alcohol is involved as well. Legally, assault in Minnesota is intentionally:

    • Causing fear of imminent bodily harm, or
    • Inflicting bodily harm on another.

    So, Section 609.224 criminalizes common-law assault, which is threatening someone, and common-law battery, which is hitting someone.
    The state of mind is often significant. In this context, “intentionally” does not mean “maliciously.” It simply means “not accidentally.” On a related note, “bodily harm” is any physical harm, whether or not the alleged victim needed first aid. Emergency treatment cases are simply easier to prove in court.

    Aggravated Assault

    Prosecutors usually upgrade simple assault to aggravated assault based on the type of weapon used, if any, and/or the amount of harm inflicted. Furthermore, certain people are in protected classes, as discussed below.

    Use of a dangerous weapon usually supports aggravated assault charges. Pretty much any household object, like a golf club or beer mug, can be a dangerous weapon, depending on how it is used. Self-defense issues sometimes apply in these cases. It’s usually reasonable for a small guy to grab a baseball bat so he can defend himself against a larger assailant.

    In terms of injury-related aggravated assault, Minnesota law is a bit unusual. The charges usually depend on the treatment. For example, if an alleged victim goes to the Emergency Room, gets tired of waiting, and leaves, aggravated assault charges might not hold up in court, because there might be no supporting medical evidence.

    Domestic Assault

    Typically, domestic assaults are husband/wife assaults. Most local law enforcement agencies have mandatory arrest policies with regard to domestic assault. If officers respond to these calls, someone goes to jail that night. In almost all cases, that person is the husband.

    Domestic violence is broadly defined in Minnesota. Violence between current or former dating partners and any two people related by blood or marriage is usually domestic assault.

    The good news is that domestic partners are not in a protected class and these assaults rarely involve weapons. So, they are normally misdemeanors. The bad news is that these charges significantly affect current and future family law matters.

    Protected Classes Assaults

    Most government employees are in a protected class. These assaults are aggravated assaults, regardless of the weapon use or injury inflicted. The protect class list includes:

    • Police officers,
    • Sheriff’s deputies,
    • Firefighters,
    • Private prison guards, and
    • Probation officers.

    Protected class aggravated assault charges only hold up in court if the alleged victim was a member of a protected class and this person was discharging an official duty.

    Many police officers moonlight as private security guards. These individuals are not in a protected class. Additionally, if the stop or arrest was illegal, the upgrade does not apply. Illegal stops and arrests usually involve procedural defenses, like an invalid warrant.


    Normally, an arrest is just an accusation. It’s not a conviction, so there are no gun ownership rights restrictions. However, Minnesota lawmakers recently approved a red flag law. Persons who are significant dangers to themselves or others, a category which could include an assault arrest, cannot purchase or possess firearms.

    At common law, assault (swinging at someone) and battery (hitting someone) were separate offenses. These infractions are combined in Minnesota. Depending on the facts, assault or battery could be a misdemeanor or a felony.

    Fifth-degree assault (ordinary assault) is usually a misdemeanor, although it could be a gross misdemeanor in some cases. The sentence for aggravated assault, which is always a felony, also varies, largely depending on the type of weapon used and/or the alleged victim’s injuries.

    No. The alleged victim is technically a witness in an assault case, and witnesses do not have the authority to bring or drop charges. Only the state has such power. If an alleged victim or any other witness refuses to cooperate, prosecutors could issue a subpoena.

    Getting out of jail is the first priority. At a subsequent pretrial hearing, the judge usually considers legal defenses, like a lack of evidence and self-defense. At trial, the judge or jury hears both sides of the story and makes a determination. Plea bargains, which could include a plea to reckless conduct or another lesser-included offense, resolve most assault cases.

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