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Proficient Minnesota

Assault Lawyers in Minneapolis

Upholding your rights in court

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50+

Years Of Collective Experience

10,000

Cases Successfully Resolved

100%

Criminal & DWI Defense

103

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Meet Our Minneapolis Assault Lawyers

Three Attorneys, One Powerful Law Firm

Attorney Kyle Dreger

Kyle Dreger

Minneapolis Assault Lawyer

Attorney Gerald Miller

Gerald Miller

Minneapolis Assault Lawyer

Attorney Cody Wright

Cody Wright

Minneapolis Assault Lawyer

Why Trust Gerald Miller Law Firm

Because

  • We offer you a FREE no obligation initial consultation.
  • We only practice criminal defense law. We don’t split our time working on other areas of law so that we can provide intense focus to your criminal case.
  • Our team is available to you 24/7/365. Our resources are deep and strong. We collaborate and continually draw from each other’s experience to devise the best strategy and defense for you.
  • Our seasoned team of Minneapolis assault lawyers, Minneapolis sex crimes lawyers, Minneapolis drug crimes lawyers, Minneapolis fraud lawyers, Minneapolis DWI lawyers and much more will fight hard for you and be by your side every step of the way.
  • We have decades of criminal courtroom experience and an in-depth knowledge of the legal system and Minnesota criminal law. This experience has taught us sophisticated and highly skilled courtroom tactics, as well as adept trial and negotiating skills.
  • We understand that each case and client is uniquely different. People hire us because of our knowledge of the system, and realize that it is our job to help a client navigate a difficult process. As we are preparing a case, we know what to look for in the evidence, but also realize that it is critical to listen to our clients needs. Then, only after we know our client, we can tailor make a defense unique to your case depending on the goals we have set out.
  • We will always treat you with compassion and respect. As our former clients will tell you, we are very quick and prompt in answering any questions, and will keep you informed about every step in the process. We have an appreciation for how stressful criminal charges can be, and that is why we take it very seriously to provide a calming, and honest, reassurance throughout. We consider the “service” side of our job to be as serious as anything else we do because being trusted to be someone’s attorney is a privilege.

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    How Minneapolis Assault Lawyers Can Serve You

    Ordinary Assault

    Ordinary Assault

    Aggravated Assault

    Aggravated Assault

    Domestic Assault

    Domestic Assault

    Protected Classes Assaults

    Protected Classes Assaults

    Assault is one of the most commonly charged criminal offenses in Minnesota. Assault also has some of the worst direct and collateral consequences of any criminal charge in Hennepin County. Especially for enhanced or aggravated assault, a conviction could mean lengthy incarceration. Additionally, domestic violence convictions have severe consequences in and out of court.

    At Gerald Miller P.A., our Minneapolis assault lawyers fully understand what is at stake and how frightening these charges can be. So, we scrutinize the facts and the law, looking for available defenses. Then, once we have the proper tools in hand, we never stop fighting for you.

    Assault Charges in Minneapolis

    Ordinary Assault

    Frequently, simple assault cases are verbal arguments that escalated to physical violence. Commonly, alcohol is involved as well. Legally, assault in Minnesota is intentional:

    • Causing fear of imminent bodily harm, or
    • Inflicting bodily harm on another.

    As experienced Minneapolis assault lawyers, we know that  So, Section 609.224 criminalizes common-law assault, which is threatening someone, and common-law battery, which is hitting someone.

    The state of mind is often significant. In this context, “intentionally” does not mean “maliciously.” It simply means “not accidentally.” On a related note, “bodily harm” is any physical harm, whether or not the alleged victim needed first aid. Emergency treatment cases are simply easier to prove in court.

    Aggravated Assault

    Prosecutors usually upgrade simple assault to aggravated assault based on the type of weapon used, if any, and/or the amount of harm inflicted. Furthermore, certain people are in protected classes, as discussed below.

    Use of a dangerous weapon usually supports aggravated assault charges. Pretty much any household object, like a golf club or beer mug, can be a dangerous weapon, depending on how it is used. Self-defense issues sometimes apply in these cases. It’s usually reasonable for a small guy to grab a baseball bat so he can defend himself against a larger assailant.

    Domestic Assault

    Typically, domestic assaults are husband/wife assaults. Most local law enforcement agencies have mandatory arrest policies with regard to domestic assault. If officers respond to these calls, someone goes to jail that night. In almost all cases, that person is the husband.

    A good Minneapolis assault lawyer will understand that domestic violence is broadly defined in Minnesota. Violence between current or former dating partners and any two people related by blood or marriage is usually domestic assault.

    The good news is that domestic partners are not in a protected class and these assaults rarely involve weapons. So, they are normally misdemeanors. The bad news is that these changes significantly affect current and future family law matters.

    Protected Classes Assaults

    Most government employees are in a protected class. These assaults are aggravated assaults, regardless of the weapon use or injury inflicted. The protect class list includes:

    • Police officers,
    • Sheriff’s deputies,
    • Firefighters,
    • Private prison guards, and
    • Probation officers.

    Protected class aggravated assault charges only hold up in court if the alleged victim was a member of a protected class and this person was discharging official duty.

    Many police officers moonlight as private security guards. These individuals are not in a protected class.

    FAQ’s

    Normally, an arrest is just an accusation. It’s not a conviction, so there are no gun ownership rights restrictions. However, Minnesota lawmakers recently approved a red flag law. Persons who are significant dangers to themselves or others, a category which could include an assault arrest, cannot purchase or possess firearms.

    At common law, assault (swinging at someone) and battery (hitting someone) were separate offenses. These infractions are combined in Minnesota. Depending on the facts, assault or battery could be a misdemeanor or a felony.

    Fifth-degree assault (ordinary assault) is usually a misdemeanor, although it could be a gross misdemeanor in some cases. The sentence for aggravated assault, which is always a felony, also varies, largely depending on the type of weapon used and/or the alleged victim’s injuries.

    No. The alleged victim is technically a witness in an assault case, and witnesses do not have the authority to bring or drop charges. Only the state has such power. If an alleged victim or any other witness refuses to cooperate, prosecutors could issue a subpoena.

    Getting out of jail is the first priority. At a subsequent pretrial hearing, the judge usually considers legal defenses, like a lack of evidence and self-defense. At trial, the judge or jury hears both sides of the story and makes a determination. Plea bargains, which could include a plea to reckless disorderly conduct or another lesser-included offense, resolve most assault cases.

    How We Make A Difference For You

    See What Our Clients Say

    This past Winter, I found myself leaving jail after a DUI arrest not knowing what my future had in store. I had a lapse in judgement and the consequences were severe. After looking online and researching various DUI and Defense Lawyers I stumbled across Gerry Miller's firm.I worked directly with Cody Wright and can't say enough about him. We took it one step at a time and I felt confident in the process and his work. With that being said, I'm pleased with the outcome and I can finally move on from this chapter in my life. Thank you to Gerry, Cody and his team!
    Brandon
    Brandon
    20:24 30 Nov 20
    Jamall Thomas
    Jamall Thomas
    18:37 22 Nov 20
    I had a fabulous experience using Kyle Dreger as my attorney. He was extremely responsive, always provided me with information as soon as he found out about it, and he explained every step of the process.
    Jordan Wollmering
    Jordan Wollmering
    19:32 20 Nov 20
    Gerald Miller and his team stand above all others in every way. If you're in trouble and require the experts. These are your guys. Thank you for everything !!
    Vision Fab
    Vision Fab
    17:39 17 Nov 20
    Cant say enough great things about Gerry and his firm. I own two companies with multiple trucks and drivers. I have six attorneys. For over twenty years, Gerry is our first call for any & all legal issues criminal or traffic. And there were some serious issues. I don't think there is anyone that rivals Gerry's knowledge of the law or his expertise to navigate the system, in order to get the best possible outcome for very dire legal situations. Gerry defines expert legal representation, while also being hard working, honest, and always responds within 24hrs or less. Which is what we expect for our money. It sets them apart from all the others. I don't think they knew when he passed the bar he would be setting the bar. We don't call anyone else.
    Paul Busch
    Paul Busch
    17:31 17 Nov 20
    I messaged Gerald Miller & Associates PA through through their website and Kyle reached out to me in a matter of minutes. He gave me the answers to my questions amongst other related information that I had spent hours researching for. The internet often contradicts itself. Anytime I need a lawyer I will call Kyle. If your issue is out of his specialization, he will send you to the right person! This is the guy you start with everytime. Thanks Kyle!
    Andrew Moore
    Andrew Moore
    23:39 03 Nov 20

    See More Testimonials

    Keeping You Informed

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    How Can a Victim Get Assault Charges Dismissed in Minnesota?

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