Minneapolis Assault Lawyer Samson Explains Degrees & Defenses
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.
Please contact our attorney for the most up to date information regarding the current laws. This article does not constitute an attorney-client relationship.