Available 24/7/365 Ashburn

Knowledgeable Assault Lawyers in Minneapolis, Minnesota

50+

Years Of Collective Experience

10,000

Cases Successfully Resolved

100%

Criminal & DWI Defense

175+

Five Star Google/BBB Reviews

Four Minneapolis Assault Attorneys, One Powerful Law Firm

Attorney Kyle Dreger

Kyle Dreger

Attorney Gerald Miller

Gerald Miller

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 Defense

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 Defense

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 Defense

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 Class Assault Defense

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

Kyle Hawes
Kyle Hawes
20:03 12 Mar 24
Brodie Hacken is the best lawyer in MN he's a fighter yet controlled and calculated from my initial meeting with Brodie I knew he was fighting for me when you have serious charges call Gerald Miller Law ask for Brodie Hacken you won't regret it he is a really really good Lawyer on top of the Criminal defense world 🌎 knowledge and results are crucial when everything is on the line. Thanks Brodie and Gerald for the help in this matter!!! 😁
Panou Yang
Panou Yang
19:10 11 Mar 24
I highly recommend going to Gerald Miller for any legal advice. Especially I cannot thank my attorney Kyle Dreger enough for what he has done for me throughout all my cases for these past year or so. Respond right away doesn’t matter what time of the day it is and answer every questions that I was confused about and was really patient with me. He definitely help me got over a very difficult, stressful time and got my cases all cleared up. I’m just very thankful for everything he does to help me in any way the best as he can so I highly recommend going to Gerald Miller.
Reid Monson
Reid Monson
16:05 11 Mar 24
Kyle Dreger and his team did a phenomenal job guiding me through a rather daunting part of my life and I will forever be grateful to get the result I received. Their professionalism, attention to detail, and most importantly the ability to keep me calm in a stressful situation is top notch. I would recommend the team at Gerald Miller P.A to anyone and will be doing so going forward! I can't thank them enough!
Amir Lal
Amir Lal
22:06 06 Mar 24
Thanks for the best Lawyer Mr Gerald Miller,He is the best of the best for my case and give me great advice
Marcelo
Marcelo
22:28 23 Feb 24
I assisted a friend with a vehicle-related legal case and couldn’t be more delighted to have worked with Tyler Dahlen. Tyler is a top-notch lawyer who helped us in the best way possible. Tyler was always responsive, followed up on emails and calls, and scheduled meetings to provide updates and discuss further steps, showing respect, commitment, and professionalism at all times. We genuinely felt we were in good hands.The case was completed with successful results, and we can’t be grateful enough. I wouldn’t hesitate to work with Tyler or with this A+ law firm in the future
Breanna Danielson-Strahm
Breanna Danielson-Strahm
20:26 12 Jan 24
Kyle helped me reduce my DUI to exactly what we wanted! He’s has been very friendly, amazing, and supportive through this whole scary process!

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