Minneapolis Criminal Defense Attorney Judith Samson
An assault occurs when an individual inflicts physical harm or unwanted physical contact upon a person. Some legal definitions include that an assault occurs when a threat or attempt to commit such an action transpires. The result of such hostile actions is you will be responsible for a crime as well as a tort, and both may result in a criminal prosecution, civil liability, or both consequences. A crime can be defined as an unlawful act punishable by a state or other authority.
Subdivision 1. Misdemeanor
(1) Statute 609.224 states that misdemeanor assault when a person commits an act with the intent to cause fear in another person of bodily harm or death
(2) Intentionally inflicts or attempts to inflict physical damage upon another
Subdivision 2. Gross Misdemeanor
If a person violates subdivision one within ten years of a previous domestic violence-related offense conviction or an adjudication of delinquency will be guilty of a gross misdemeanor.
Subdivision 3. Domestic Assaults; Firearms
Anyone convicted of the violation of this section will face the court, which determines and makes written findings as to:
- Whether or not an assault occurred against a family member or household member
- Whether the defendant owns or possesses a firearm
- Whether or not the gun appeared in any way during the commission of the assault way
If a court determines that the assault was against a member of a family or a household member and the offender owns or possesses a firearm and used it in any way while the commission of an assault took place, it shall order that the weapon face forfeiture under section 609.5316, subdivision 3
Types of Misdemeanor Assaults
The following list contains the most typical simple assault examples:
- An argument between a husband and wife
- Violence between parents (or guardians) and the children of the household
- Arguments between siblings
- An act of violence between friends
- A dispute between two unknown persons
Even when strangers get into a scuffle or argue with another individual on public transit systems, simple assault enters the picture. If a pregnant woman is in an altercation of some kind, her unborn baby and herself are liable to a simple assault case.
Consequences of Being Charged and Convicted of Misdemeanor Assault
Convictions of domestic assault or assault in the fifth degree against a family member or household member prohibit the defendant from possessing a pistol for three years from the date of conviction. Violating this prohibition is considered a gross misdemeanor.
1. A weapon that appears during an assault results in the defendant forfeiting their gun. It may cause the defendant to lose the right to possess any firearm for three years or life.
2. A qualifying protective order is issued after a defendant had actual notice and an opportunity to participate. It contains explicit provisions restraining the person from harassing, threatening, or stalking the intimate partner or child of the private partner. The defendant faces restriction from placing the partner, or child, in fear of bodily harm. There is the possibility of danger for the child.
3. The convicted person may be sentenced to 20 days of imprisonment or less if the person completes anger therapy or counseling, along with any other condition ordered by the court.
4. Victims may face sharing restitution at sentencing, such as:
- Payment of out-of-pocket losses resulting from the crime
- Medical and therapy costs
- Replacement of wages and services
- Funeral expenses
- If the perpetrator is committed to the Commissioner of Corrections, the court may order that restitution takes the form of prison wages.
- Victims may apply for reparations through the MN Crime Victims Reparations Board. In doing so, the victim may receive funds sooner than the delayed payment from the defendant. There is a wait-time before criminal proceedings occur.
What about the Kids?
What is the effect of certain convictions on custody and parenting time rights for a parent convicted for a misdemeanor assault? If a person has court-ordered custody or parenting time rights of a child, the sentencing court will refer the matter to the appropriate family court for a decision.
If the crime is misdemeanor assault against an intimate partner or child, in most states, courts can have a parent’s rights terminated if the person commits an act of violence.
Misdemeanor assault is often an emotional, frustrating, and complex type of case to defend. Fortunately, Ms. Samson has an outstanding track record, an excellent understanding of federal and Minnesota laws, and remarkable hands-on experience. The extra that comes with choosing Judith Samson is that she is a criminal defense attorney. This fact lets you know that Ms. Samson can assist you in many law areas with confidence. Her areas of expertise include:
- Burglary & Kidnappings
- Domestic Assault
- White Collar Crimes
- Order for Protection
- Damage to Property, and so many more
Contact Minneapolis Criminal Defense Lawyer Judith Samson
If you need a criminal defense lawyer, it is imperative to have an experienced criminal lawyer by your side. Many individuals might prefer to sweep the mistakes, accidents, and moral misjudgments they have committed under the rug. Ms. Samson wants you to know that the sooner you contact her office, the better your chances are to have the amount of time it takes to assemble a winning case. Your initial consultation is free.
Arrested? I can help: 612-333-8001. Call now 24/7 for criminal defense!
Minnesota Lawyer Judith Samson will meet with you and communicate with you concerning your case and the available firefighting options. Our firm knows how to create an impressive and effective defense in misdemeanor cases and felony charges, as well.
One of Ms. Samson’s clients said that in just one visit, Ms. Samson had his family’s case handled and under control. I was amazed that I did not have to stand before a judge. After Ms. Samson had my gross misdemeanor charge lowered to a petty assault, I was delighted. Ms. Samson and her colleagues were prompt, professional. I would recommend highly hiring Ms. Samson as your lawyer.
Another had this to say about Ms. Samson’s legal skills:
Judith has reached a high echelon in her practice. She has demonstrated compassion and responsiveness to us. Judith represented my son when he received a DWI charge. Her defense was nothing short of excellent. We have total trust in Ms. Samson, and we hold her and her firm in the highest esteem.
Contact Judith Samson and let her assist you with your criminal defense case. It will be one of the best decisions you have made.
Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.