If you are facing an assault or domestic assault charge it is crucial that you have an experienced criminal defense lawyer with a proven track record in winning criminal cases. Jeff Dean has that record and he is widely recognized as one of the most respected and successful attorneys in this area of the law. Judges have commended Jeff for his wins and advocacy, and other attorneys often call upon Jeff for his assistance in the evaluation of their client’s cases.
Time and time again, Jeff has won dismissals for his clients in assault and domestic assault cases. He has had felony assault charges reduced to a simple misdemeanor disorderly conduct, with payment of a small fine as the only consequence. In a felony domestic assault by strangulation case, Jeff persuaded the prosecutor to reduce the charge to a simple misdemeanor assault. Jeff has even won cases where the evidence of guilt was overwhelming.
In your case, Jeff Dean will identify the best defense strategy and he will fight to win. Possible defenses are that you acted in self-defense, that the accusations were fabricated, that the state has not proven guilt beyond a reasonable doubt, or that you did not have the specific intent to cause the harm.
Under the law you are presumed innocent. Just because you have been charged with assault does not mean you are guilty. To protect your future, call Jeff Dean today: (612) 305-4360.
– D.B. Former Client
– L.M. Former Client
Legally speaking, the definition of an assault is the attempted infliction of physical harm upon another individual, the deliberate infliction of physical harm upon another individual, or simply the infliction of fear of either physical harm or death upon another individual.
An assault may also be defined as an unlawful attack or attempt to cause physical injury to another individual using force and violence. If the target was aware of the attack, then it may be considered an assault, whether or not the attempt was unsuccessful.
Under Minnesota Statute §609, assault charges are classified into various degrees: Assault in the First Degree, Assault in the Second Degree, Assault in the Third Degree, Assault in the Fourth Degree, and Assault in the Fifth Degree.
First Degree Assault
The most serious form of assault in Minnesota is assault in the first degree, which involves the following circumstances:
- Inflicting great bodily harm on another individual;
- The use of deadly force against a correctional employee or peace officer while the employee or officer is performing a duty imposed by law
Assault in the first degree is considered a felony. Penalties include up to 20 years in prison and a fine of up to $30,000.
Second Degree Assault
Assault of the second degree involves either of the following circumstances:
- Assaulting another individual with a dangerous weapon, which may result in penalties of up to seven years imprisonment and/or a fine of $14,000;
- Assaulting another with a dangerous weapon and inflicting substantial bodily harm on another, which may result in penalties of up to 10 years imprisonment and/or a fine of up to $20,000
Third Degree Assault
Assault of the third degree involves the following circumstances:
- Inflicting substantial bodily harm on another;
- Assaulting a minor if the perpetrator has a prior pattern of child abuse against the victim
- Assaulting a victim younger than four years of age and causing physical harm to the child’s eyes, neck, head or causing multiple bruises to the child’s body
Assault in the third degree is a felony. Penalties include up to five years imprisonment and/or a fine of $10,000.
Fourth Degree Assault
Assault in the fourth degree involves the following circumstances:
- Assaulting a peace officer while the officer is executing a duty imposed by the law, which is a gross misdemeanor. Penalties include up to one year imprisonment and/or a fine amounting to $3,000;
- Assaulting a peace officer and inflicting bodily harm or intentionally throwing or transferring feces or bodily fluids at or onto the officer, which is a felony. Penalties include up to three years imprisonment and/or a fine amounting to $6,000;
- Assaulting and inflicting bodily harm on a firefighter or emergency medical personnel, which may result in penalties of up to imprisonment of two years and/or a fine of $4,000;
- Assaulting or inflicting bodily harm on a correctional employee or probation officer, or intentionally throwing or transferring feces or bodily fluids at or onto the employee, which may result in penalties of up to two years imprisonment an a fine of $4,000;
- Assaulting another because of the individual’s perceived or actual color, race, sex, religion, disability, sexual orientation, age or national origin, which may result in penalties of up to one year imprisonment and/or a $3,000 fine;
- Assaulting a school official, a public employee with mandated duties, a member of a community crime prevention group, a vulnerable adult, a reserve officer, or a utility and postal service employee or contractor
Fifth Degree Assault
Assault in the fifth degree is the least serious form of assault. It involves the following circumstances:
- Committing an act with the intent of causing fear of bodily harm or death in another;
- Intentionally attempting to inflict or inflicting bodily harm on another
Assault in the fifth degree is a misdemeanor. Penalties include imprisonment of up to 90 days and/or a $1,000 fine. If an individual is charged and convicted of assault in the fifth degree repeatedly, then the misdemeanor may be heightened to a felony, and may result in penalties of up to five years imprisonment and a fine of $10,000.
The consequences of an assault conviction can be severe. You could be sentenced to jail or prison, large fines, restitution, treatment and anger management, and long periods of supervised probation with restrictions on your most basic liberties.
Call Jeff Dean today at (612) 305-4360 to protect yourself against these charges.