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Knowledgeable Assault Lawyers in Minneapolis, Minnesota

50+

Years Of Collective Experience

10,000

Cases Successfully Resolved

100%

Criminal & DWI Defense

103

Five Star Google/BBB Reviews

Four Minneapolis Assault Attorneys, One Powerful Law Firm

Attorney Kyle Dreger

Kyle Dreger

Attorney Gerald Miller

Gerald Miller

Attorney Cody Wright

Cody Wright

Ronnie Santana

Ronnie Santana

How Can Our Assault Attorneys in Minneapolis Help You?

Ordinary Assault

Ordinary Assault

Aggravated Assault

Aggravated Assault

Domestic Assault

Domestic Assault

Protected Classes Assaults

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 and out of court.

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.

Ordinary Assault

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

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

As experienced Minneapolis assault lawyers, we know that  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.

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.

A good Minneapolis assault lawyer will understand that 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 changes 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 official duty.

Many police officers moonlight as private security guards. These individuals are not in a protected class.

Frequently Asked Questions

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 disorderly conduct or another lesser-included offense, resolve most assault cases.

How We Make A Difference For You

See What Our Clients Say

Bee Way
Bee Way
07:35 26 Jun 22
Matthew Gweh
Matthew Gweh
22:04 17 Jun 22
Kyle has earned a special place in my heart. Couldn’t thank him enough for his service to me. If you are reading this, it means I was similar position as you. Do not hesitate to hire Gerald Miller’s Law. You’ll be in the right hand.
Jim Greenwood
Jim Greenwood
20:38 25 May 22
Rolled a red light after Happy hour and got pulled over. Refused field test and went to police station and called Gerald Miller P.A. They answered immediately and advised me to take the breath test. Tried breath test several times but they were having problems with their machine. After several more tries they said I burped and they consider this a refusal. They drove me downtown to Henn County Jail. Spent less that a full day there until I was offered bond which Jerry set up. Needless to say , I was expecting 30 days jail time and who knows what else. After Kyle and Gerald finished negotiating with Prosecutor, I was fined $1500 and 10 days community service. I had 7 charges and was dropped to 2 charges. I highly recommend keeping their number in case a friend or God forbid you need help! JG
William Hennes
William Hennes
16:54 11 May 22
Kyle and GM overall are excellent. Highly recommended.
aaron p
aaron p
16:19 02 May 22
Ronnie took care of everything which took a lot of extra stuff off my mind, available 24/7, got it sorted before I needed to even go to pretrial or anything, met with me beforehand to discuss options and what was smart but let me decide ultimately. Got my license temporarily reinstated before the trial began which was huge, I needed my car during that time. Had no bad experiences at all, completely worth it in my opinion.
mybarsareweak xx
mybarsareweak xx
17:14 26 Apr 22
They’re very helpful and patient it matters when you have someone to listen to your issues and handle them with care and that is exactly what Gerald Miller P.A. does for their clients.

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