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Criminal Assault

Three Experienced Lawyers, One Powerful Law Firm

Criminal Defense Attorney Focusing On Assault Cases

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Meet Our Minneapolis Assault Lawyers

Three Attorneys, One Powerful Law Firm

Kyle Dreger

Minneapolis Assault Lawyer

Gerald Miller

Minneapolis Assault Lawyer

Cody Wright

Minneapolis Assault Lawyer

Why Trust Gerald Miller Law Firm

Why Trust Gerald Miller Law Firm

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Because

  • We offer you a FREE, no obligation initial consultation.
  • Our team is available to you 24/7/365. You can contact us at anytime of day or night and we will be there to help you.
  • Not all attorneys are the same.
    • We only practice criminal law. We are able to intensely focus on your criminal case.• We have decades of experience and have represented thousands of clients. We have the knowledge and skill to give you the representation you need in your case. Our seasoned team comprises Minneapolis assault lawyers, fraud lawyers, Minneapolis sex crimes lawyers, and many more. If you have a legal issue, we will resolve it.

    • We will work passionately and tirelessly on your individual case. We understand that each case is uniquely different and we promise to tailor our approach to your individual needs. So, whether you hire our Minneapolis assault attorney or Minneapolis drug crimes attorney, we will fight hard for you and be by your side every step of the way.

    • We understand the severity of a criminal case in your life. We will not only match that level of gravity during your representation, rather we will exceed it.

    • We promise to treat your personal case with compassion and respect every step of the way. We understand that you may have fears, concerns and questions. We will listen to you and put ourselves in your shoes so that we are able to give you the best and most individualized representation possible.

    • We are a team. Are resources are deep and strong. We collaborate and continually draw from each other’s experience to devise the best strategy and defense for you.

Understanding Domestic Assault

Minnesota has tough assault laws – and even harsher punishments. The court considers assault an attempt to cause injury or bodily harm or causing injury or bodily harm to another person. Assault ranges from punching someone in the face, going after them with a weapon, and domestic violence.

The Minneapolis criminal defense lawyers at Gerald Miller, P.A. can represent you in your assault case, no matter how dire the situation might appear or what the police told you. If you’re unsure what you’re facing, we can help. Assault includes:

Domestic Assault

In Minnesota, it is against the law to “intentionally inflict physical harm” or “cause fear of immediate physical harm or death” to another family or household members including:

  • spouses and former spouses
  • parents and children
  • persons related by blood
  • persons who are presently residing together or who have resided together in the past
  • persons who have a child in common regardless of whether they have been married or have lived together at any time
  • a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time
  • persons involved in a significant romantic or sexual relationship

Typically in Minnesota, a first offense domestic assault is a misdemeanor that is punishable by up to 90 days in jail, and/or a fine of up to $1,000. And although the sentencing can be scary, usually the hardest part of an assaultive offense, is that the court will place you on certain conditions of release. Your gun rights will be forfeited. Many times, a judge will order an offender to have no contact with the victim, which for some means finding another place to live and abiding by the protection order.

In Minnesota, a first-time violation of a protection (or no contact) order is a misdemeanor that could start with an arrest, a few days in jail waiting for a court date, get you forced into counseling or other behavioral adjustment programs. If you violate the order within 10 days of a prior domestic violence-related conviction, it’s a gross misdemeanor and the jail time as a possible sanction increases. The statutes in play allow for enhancement based on prior history. The charge level goes up, and the possibility of serving jail time goes up with it.

If you have two prior domestic violence-related convictions within the past 10 years or you violated the order while in possession of a dangerous weapon, the violation is a felony with a 30-day minimum and five-year maximum imprisonment and a fine up to $10,000.

It’s important to have an experienced Minnesota domestic assault attorney on your side to help bring you the best outcome possible. Contact the Minneapolis domestic assault lawyers at Gerald Miller, P.A. We can help.

Degrees of Assault in Minnesota

Assault involves trying to harm another person or actually inflicting bodily harm. The law sees the severity of the crime through different degrees, or levels, of assault.

Assault in the 1st Degree

The most serious form of the offense is 1st degree assault and is charged when either the accused causes great bodily harm to the complaining witness or assaults a law enforcement officer with a deadly weapon. A violation of this offense will lead to exposure to a sentence of up to 20 years in prison or a fine of up to $30,000.

Assault in the 2nd Degree

The accused can face this charge if they used a dangerous weapon during the commission of the offense. The punishment for 2nd degree assault includes a maximum term of imprisonment of 7 years or a fine up to $14,000. If the accused inflicts substantial bodily harm, the penalties increase to a maximum of 10 years imprisonment and a fine of up to $20,000.

Assault in the 3rd Degree

This offense can be charged when inflicting substantial bodily harm or assault of a minor is involved. The exposure for a conviction of this offense is up to 5 years in prison and a fine up to $10,000.

Assault in the 4th Degree

An assault against a peace officer engaged in duties imposed by law, including executing a lawful arrest, constitutes a gross misdemeanor. The offense carries a potential penalty of up to 12 months incarceration and a maximum fine of $3,000.

The offense becomes a felony when the victim suffers demonstrable bodily harm, which is punishable by up to 3 years in prison and a fine up to $6,000. If an assault is committed against a fireman or other emergency medical responder during the performance of their duties, the offense is a felony, punishable by 3 years in prison and a fine up to $4,000.

Assault in the 5th Degree

This type of assault is sometimes called “simple assault”. It involves the commission of the offense with intent to cause fear or immediate bodily harm or intentionally inflicting or attempting to inflict bodily harm on another. A violation of this grade constitutes a misdemeanor, which can result in up to 90 days in jail and/or a maximum fine of $1,000.

FAQ’s

There are five major categories of assault which are listed and explained in the section above.

Being charge with assault means potential penalties of fines, disqualification from certain privileges, opportunities, and awards, and often jail time.

First degree assault is a felony charge. Being found guilty of first degree assault puts you at risk of up to $30,000.00 in fines and twenty years in prison.

The first thing you should do if you are facing assault charges is call a lawyer. And not just any lawyer, but a lawyer who deals with the criminal court system and assault charges on a daily basis. We are those lawyers.

Latest Blog Posts

How to Fight a Simple Assault Charge in MN

Author: Gerald Miller

Assault doesn’t always have to involve physically hurting someone. Assault can also be interpreted

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What Is an Assault Charge?

Author: Kyle Dreger

When arrested on any type of assault charge, your mind is full of questions and concerns. You may be

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Can an Assault with a Deadly Weapon Charge Be Dropped in Minnesota?

Author: Cody Wright

There are many different types of assault charges. The least serious offense is a misdemeanor, and f

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