Assault

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Burnsville Assault Defense Attorneys

Aggressively Defending the Accused in Burnsville, MN

Assault charges can be filed against a person for any act that is intended to cause fear or physical harm to another person. The criminal justice system takes assault charges very seriously, and a conviction can result in serious penalties that can affect your life for years to come.

At Caplan & Tamburino Law Firm, P.A., our assault lawyers in Minneapolis have been representing the accused for more than 100 years combined. Our firm has a long history of success in even the most complex cases, and we are prepared to fight for you.

What is Assault in Minnesota?

Assault is defined as an act that is intended to cause fear of immediate bodily harm or death in another person. The act must be carried out in such a way that it would cause a reasonable person to fear for their safety. There does not need to be any physical contact for assault charges to be filed.

There are several types of assault charges in Minnesota:

  • Assault in the First Degree: This is the most serious form of assault and involves causing great bodily harm to another person or using a deadly weapon to cause bodily harm. It can also occur if the assault results in serious injury while the perpetrator was intending to cause harm.
  • Assault in the Second Degree: This charge involves assaulting another person with a dangerous weapon, or with intent to cause bodily harm, and causing substantial bodily harm. It also includes assaulting a peace officer, firefighter, or other protected individuals.
  • Assault in the Third Degree: This charge involves assaulting another person and inflicting substantial bodily harm, assaulting a minor with intent to cause bodily harm, or assaulting a person while committing a specified felony.
  • Assault in the Fourth Degree: This charge involves assaulting another person by intentionally placing another in fear of immediate bodily harm, physically assaulting a peace officer, firefighter, emergency medical personnel, or other protected individuals, or committing assault with intent to impede the lawful operation of a public safety vehicle.
  • Domestic Assault: This includes any of the above assault charges when committed against a family or household member. It can involve physical harm, fear of imminent physical harm, or terroristic threats.
  • Aggravated Assault: Though not a specific charge in Minnesota, certain aggravating factors can elevate the severity of an assault charge. These factors might include using a deadly weapon, targeting a vulnerable individual, or committing the assault in the presence of children.
  • Simple Assault: This is a less severe form of assault and typically involves minor injuries or threats of violence that do not result in serious harm. It may be charged as a misdemeanor.

Penalties for Assault in Minnesota

The penalties for assault in Minnesota are based on the severity of the charges. The more severe the charges, the more serious the consequences will be.

The penalties for assault in Minnesota are as follows:

  • Fifth-Degree Assault (Simple Assault): A misdemeanor that carries a maximum sentence of 90 days in jail and/or a fine of up to $1,000.
  • Fourth-Degree Assault: A felony that carries a maximum sentence of 5 years in prison and/or a fine of up to $10,000. If the victim is a police officer, the crime is a gross misdemeanor that carries a maximum sentence of 1 year in jail and/or a fine of up to $3,000.
  • Third-Degree Assault: A felony that carries a maximum sentence of 5 years in prison and/or a fine of up to $10,000. If the assault was committed against a minor, the crime is a felony that carries a maximum sentence of 10 years in prison and/or a fine of up to $20,000.
  • Second-Degree Assault: A felony that carries a maximum sentence of 7 years in prison and/or a fine of up to $14,000. If the assault was committed against a minor, the crime is a felony that carries a maximum sentence of 10 years in prison and/or a fine of up to $20,000.
  • First-Degree Assault: A felony that carries a maximum sentence of 20 years in prison and/or a fine of up to $30,000. If the assault was committed against a minor, the crime is a felony that carries a maximum sentence of 25 years in prison and/or a fine of up to $30,000.

In addition to these penalties, a conviction for assault can also result in a permanent criminal record that can make it difficult or even impossible to find housing or employment.

Defending Against Assault Charges

If you are facing assault charges, you need to understand that you have not yet been convicted. The prosecution has the burden of proving that you are guilty beyond a reasonable doubt, and with the right defense strategy, you may be able to avoid a conviction.

At Caplan & Tamburino Law Firm, P.A., our Minneapolis assault attorneys have extensive experience handling these types of cases, and we know what it takes to win. We can thoroughly investigate the charges against you and look for any evidence that supports your defense. We will work tirelessly to poke holes in the prosecution’s case and fight to have your charges reduced or even dismissed.

Contact us online or by phone at (612) 444-5020 to get started with your free consultation.

What Should I Do If I’VE BEEN ARRESTED?

  • 1. Don’t Talk to the Police!

    It’s crucial to know that while you should remain respectful with authorities, you have the right to remain silent. This a right protected by the Fifth Amendment of the U.S. Constitution, which makes it clear individuals are protected from being compelled to be a witness against him / herself in criminal matters.

    It’s important to note that:

    • Talking will not help you avoid an arrest. If law enforcement has probable cause to arrest you, then they will arrest you.
    • By speaking, you risk making a confession or providing information that can be used to indict you, even unknowingly.
    • Even if you feel that information being discussed is “harmless,” it is still in your best interest to invoke your Fifth Amendment right.
  • 2. Ask for a Lawyer!
    As soon as you can you should elect your right to have a defense attorney present. A Minnesota criminal defense lawyer or public defender can ensure the police do not violate your rights and help you avoid saying anything incriminating during questioning. Caplan & Tamburino Law Firm is available 24 hours a day, seven days a week, so that we can be by your side whenever you need us. Call now!

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Why Choose Caplan & Tamburino Law Firm, P.A.?

  • We’ll start your case with a FREE, no-obligation consultation
  • Attorney Joseph Tamburino is a Board Certified Criminal Law Specialist, achieved by only 3% of Attorneys
  • We have represented thousands of clients and we have handled hundreds of jury trials
  • Our attorneys have worked as prosecutors and public defenders throughout the state
  • Our team is available 24/7 – when our clients need us, we’re there for them

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