Being arrested with assault can be one of the most terrifying things in the world. However, if you have been accused of assault, it’s important to remain calm. With a Twin Cities assault lawyer in your corner, you just may be able to walk away without a conviction. One of the best defenses against criminal assault is to educate yourself on the Minnesota assault charges. In Minnesota there are six different degrees of assault. Furthermore, it may be a good idea to educate yourself on the various defense options your lawyer may discuss with you. Below we have outlined both the difference in degrees of assault and some of the common defenses against an assault accusation in Minnesota.

The Degrees of Assault

First degree – if you assault someone and inflict great bodily harm, if you use deadly forces against a peace officer, police officer or correctional employee

Second degree – if you commit an assault with the use of a dangerous weapon

Third degree – if you assault a child or have a pattern of assaultive behavior upon a child

Forth degree – if you assault a peace officer, firefighter, emergency room doctor or nurse, natural resources employee, correctional employee or secured facility employee driven by bias

Fifth degree- if you assault someone with the intent to cause fear, death or great bodily harm to another

Domestic assault- if you cause fear, bodily harm or death, or intentional inflict or attempt to inflict bodily harm to a family member.

The Defense of Assault

There are three main defenses for the accusation of assault:

Alibis – the alibi defense suggests that you cannot possibly have committed the assault charge because you were somewhere else at the time. An alibi will usually require a witness to testify for your whereabouts during the incident.

Self Defense and Defense of others – both self defense and defense of others suggests that the person who was assaulted was the aggressor in the situation and you were only defending yourself (or others in the incident).

Credibility – this defense looks at the credibility or accuracy of the witness statements, police records in order to find inconsistencies and omissions. If the arrest seems inconstant and the stories are mixed up, which they often are during an assault charge, then the credibility defense just may work.

Determining your Degree and Defense With A Minnesota Assault Lawyer

It is best that you consult a lawyer, explain your story, discuss your options and past history with arrests and convictions to determine which is the most appropriate defense for you. Keep in mind that the best defense is one that is well researched and truthful so it is of vital importance that you share everything with your lawyer, no matter how embarrassing or upsetting it is. Your defense attorney is there to help you out of this tough time; however, you need to help yourself but being completely upfront about the incident.

If you have been accused of assault, contact Samson Law immediately at 612-333-8001 for a free initial consultation 24 hours a day, 7 days a week.

If you have been accused of assault, then it may feel like your whole world is crashing down. Regardless of the actions involving the arrest, you may feel like, in one minor act of weakness, you have managed to effectively ruin your life forever. This is not the case at all. In fact, with a professional Minnesota assault defense lawyer, you may be able to walk away without a conviction or any criminal record. You just need to stay calm. Here is a five-step checklist of how to handle an assault arrest with civility for the best possible outcome:

Five Factors to Your Assault Arrest

1)      Keep your emotions in check. This is easier said than done. You may be feeling a whole whirlwind of emotions from rage and anger to embarrassment and shame. You may feel the need to scream for injustice or you may feel the need to cry. Try to remain as stable as possible. Your emotional reaction could be used against you in the court of law. Your anger could be used as evidence of your ability to explode while your tears could be seen as a conviction of guilt.

2)      Do not make the situation any worse. Do not try to contact the accuser or threaten them. You may be so angry that you want to explode but showing this anger will only make matters worse. You need to simply take the arrest in stride and try to remain as neutral as possible.

3)      Keep your mouth shut. It might be tempting to defend yourself to the police by explaining your side of the story. However, it’s best to remain quiet until there is a lawyer present. You may accidently say something that incriminates you or goes against your defense. You will have your time to speak when your lawyer is there.

4)      Remain as civil and normal as possible. Try to go about your life as if nothing has happened. Although you may feel like the whole world is watching your every move, this is actually not the case. Go to work, attend social events, visit with friends and family and leave the rest to your lawyer.

The Final Factor

5)      Be completely honest with your criminal defense attorney. Your best defense in an assault case is your criminal lawyer so make sure you are completely upfront about everything and anything pertaining to the case. There are a number of alternative defenses you can use in assault cases; the best way to know which will work for you is to know the entire truth surrounding the incident.

When to Contact a Minnesota Assault Lawyer for Help

It is best to get the help you need as soon as possible right after your arrest. This will give your criminal defense lawyer to meet with you, hear your side of the story, interview witnesses and gather key evidence for your case. Judith Samson is available 24 hours a day, 7 days a week. Contact her first at 612-333-8001 for a free initial consultation regarding your assault accusation.

Many people in Minnesota are surprised to hear the numbers behind violent crimes in their state. In 2008 alone, there were 3,345 cases of violent crime which works out to a state crime rate of .520 per capita. This is .142 points higher than the national average and also quite a scary thing to think about. In regards to assault crimes in Minnesota, in 2008 there were 1,755 reported cases of aggravated assault – .273 cases per capita- which is, again, higher than the national average. These numbers suggest that Minnesota law enforcements are cracking down on assault and other crimes which mean that more and more people are faced with assault accusations on a daily basis.

The Assault Accusation

Assault is an accusation that you have caused harm, or attempted to cause harm to someone else. There are a number of different assault cases and degrees of severity depending on your situation. You most likely have seen cases played out on the news and on television regarding assault convictions. You may even know someone who has been convicted of assault and is now serving time in jail. It is important to remember that no two assault cases are the same and thus you will be granted a fair trial to explain your incident to a jury or judge.

Although assault convictions can lead to serious consequences including prison time, hefty fines, community service, rehabilitation and counseling and payment to the victim, you will have your chance to tell your story and defend your legal rights. The most important thing to do if you have been accused of assault is to remain calm and civil.

Family Support is Best

If someone you love has been arrested for assault, you may feel like the world has stopped. It may seem like everyone is watching you as you shop for groceries and that your friends and neighbors are constantly talking about you behind your back. For the sake of your loved one, you need to remain calm, supportive and as normal as possible during this trying time. Continue with life as if nothing has happened and offer your undying support, attention and commitment. Be an excellent listener and communicator and work together as a team. Family support is of utmost importance during any assault case.

Getting the Help you Need from a MN Assault Lawyer

The best thing you can do for your assault case is to rely not only on your family for emotional support, but also on a defense lawyer for legal assistance. Samson Law has been handling assault cases for over ten years and understands the different legal procedures and defense strategies that will work. Judith Samson can provide you with excellent legal advice and aggressive representation when you need it most. Do not suffer through this trying time alone. As soon as you are accused of assault, contact MN assault defense lawyer, Judith Samson at 612-333-8001 for a free initial consultation. The quicker you act the better for your case, your future, and your family.