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.

Client Testimonials

To meet your needs, I provide 24 hour service, off-site appointments, and a free initial consultation. Contact my Minneapolis law office to have a knowledgeable criminal defense attorney on your side.

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Case Results


County: Scott

Type of Charge: 3rd DWI

Priors: 1 prior

Final Deposition: Plead to a 4th degree DWI

Sentence Imposed: No jail


County: Dakota

Type of Charge: Harassment Order

Priors: None

Final Deposition: Dismissed

Sentence Imposed:


County: Hennepin

Type of Charge: Solicitation of Prostitute

Priors: 1 prior

Final Deposition: Stay of imposition vacate and dismiss

Sentence Imposed: No jail

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Contact Details

Flour Exchange Building, 310 4th Avenue South, Minneapolis, MN 55415

Phone: 612-333-8001

Fax: 612-333-8003