St. Paul Assault Defense Attorney

Providing Passionate and Dedicated Representation for Our St. Paul Clients

No one sets out to get in trouble with the law for assault. More often than not, assault charges arise out of a misunderstanding that boils over into a more serious problem or a small incident that quickly and unexpectedly escalates. The next thing you know, you find yourself with criminal charges and facing an alleged victim in court. It can be disorienting and confusing, and the legal aspects are often a struggle for people who are not criminal defense attorneys.

The reality of the situation is uncomfortable but true: you now have a criminal case and can’t wait any longer to get yourself a good criminal defense lawyer. The many criminal offenses that fall under the heading of assault are varied, so it’s important to understand the details of your specific criminal offense so that your criminal defense lawyer can work with you to build a defense strategy.

What Constitutes an Assault Charge in Minnesota?

When someone is accused of assault, the charges can range from criminal sexual conduct to other, lesser types of charges like fifth-degree assault or ‘simple assault.’ The most important aspect of an effective defense in a Minnesota criminal case is understanding the specifics of your charge. A Minnesota criminal defense lawyer can explain the degrees in more detail, but a quick breakdown of the degrees is as follows:

Fifth-Degree Assault

This is the charge frequently referred to as ‘simple assault.’ This criminal charge is a misdemeanor offense, and the legal process for this often involves a jail sentence of up to three months. However, this only applies to a first offense. If someone’s criminal records indicate they have been convicted of assault twice before, then the third charge becomes a felony. A felony conviction for assault can come with a jail sentence of up to five years and a potential fine of several thousand dollars.

Fourth-Degree Assault

This charge is more serious than fifth-degree assault, and its status rises to either a gross misdemeanor or a felony. The circumstances that turn it into a gross misdemeanor revolve around the assault of public servants who are acting in the course of their duty. This type of criminal charge comes with a maximum penalty of one year in prison and a potential fine. It can also lead to a felony charge, and a criminal attorney can provide more details on what causes the increase in the charge.

Third-Degree Assault

When the criminal justice system brings a third-degree assault, it generally means one of two things, each requiring an aggressive defense. First, it could mean you were charged with a crime that includes substantial bodily harm as part of the assault. Second, it could mean that it involved the assault of a minor. With a potential five years of jail time and a potential five-figure fine, a good criminal defense attorney can tell that these are much more serious criminal charges that need a strong defense.

Second-Degree Assault

When the charge rises to the second degree, that likely means that the use of a deadly weapon was involved. The level and degree of punishment depend on the details and severity of the injuries sustained by the victim. The potential jail time moves up to seven years, and the fines can be nearly double what they were for a third-degree charge.

In the case of this charge, the definition of a deadly weapon is broader than you might think. While some actual weapons are included, such as guns and knives, other objects that are designed to cause death or great bodily harm are also included. This can include things like machetes and kitchen knives, which are not intended primarily as weapons but can cause wounds, injuries, and potential death.

First-Degree Assault

A first-degree charge is the most severe and extreme of the charges possible. In these cases, the accused inflicts great bodily harm to another person. That definition includes harm that causes permanent damage or injury, the loss or impairment of part of the body, or has a high probability of ending in death.

Though there are many details about the different degrees listed here, it’s important to remember that every case has distinct and unique elements that don’t apply across the board. There can be factors that change the severity of charges, and the only people that have the knowledge and experience necessary to know what those could be are prosecutors, the judges and court themselves, and the criminal defense attorneys who defend clients like you every day.

Can I Plead Self Defense on My Criminal Assault Charge?

One of the most frequently asked questions with these charges is whether a self-defense claim is viable. Most people know that self-defense is a potential defense when someone wants to protect themselves or someone else from attacks and violence, and they want to know if it applies to their case. The short answer is yes, sometimes. However, the longer answer involves the details that make all the difference.

For instance, to claim self-defense, you cannot be the person who originated the situation that became violent. If you caused the situation to escalate into violence, you cannot say you were just defending yourself.

The same is true with the severity of your response to the violence. If someone acted violently towards you, and if your measures to stop the violence became more violent than the behavior you were attempting to stop, then it would not be considered self-defense. Other important details affect whether or not self-defense is a viable plan, and the best way to find out what they are is to speak with a criminal defense attorney with experience handling these cases. It’s always better to try and prevent the conviction in the first place than to deal with how to mitigate the effects of the conviction after it has already happened.

How Long Does an Assault Charge Stay on My Record in Minnesota?

Many of our clients are rightly concerned about the length of time that a misdemeanor or felony charge can stay on their record. They are worried about the effects it could have on their public reputation, as well as how it could negatively impact future job prospects.

The unfortunate reality is that charges of this nature can potentially remain on your record permanently. With charges of this severity, there is no amount of time after which the charges simply go away. That is not to say that there is no way to have them removed, but it involves a specific and dedicated process known as expungement.

With expungement, not all charges can be removed, and there are rules as to which charges are eligible and how long you have to wait before you can seek their expungement.

For instance, any assault charges that involve sexual assault are not eligible for expungement. For misdemeanor convictions, you are not eligible for an expungement until at least two years after the sentence has been completed. For felonies, the time period increases to at least five years before an expungement can be attempted.

The unfortunate reality is that a conviction for these charges will stay with you for a long time and can potentially negatively influence your life and career. That’s why a criminal defense attorney can be your best choice in attempting to find a defense that will prevent a conviction that will follow you around for potentially several years.

Do I Need to Hire a St. Paul Criminal Defense Attorney?

It goes without saying that a criminal defense lawyer is the kind of experienced attorney who can help you when you have been charged with a crime of this severity. They can help you understand the entire process to get your best outcome, from the initial charge for the crimes to the Minnesota criminal court date itself.

You are not required by law to have a criminal defense lawyer help you with your case. However, there are constant challenges and complications with any criminal defense, and criminal defense attorneys have the experience, knowledge, and connections needed to help you get the best possible outcome available to you, depending on the crimes that prosecutors are bringing against you.

The Minnesota criminal court and trial system can be difficult to navigate for people facing criminal charges with no previous issues, and one mistake during your trial can mean the law comes down on you hard. A St. Paul criminal defense attorney like Adams Law Firm PLLC is the ideal partner to help you fight for your rights and protect your future. We give our clients individualized attention and pore over the evidence from the incident all the way to the moment our client was arrested.

Don’t risk dealing with the fallout of these charges on your own. Call 651-240-9282 now to add one of the most respected St. Paul criminal defense lawyers to your team today.