Many criminal convictions have direct and collateral consequences. Assault is a good example. Assault probation usually includes a number of highly-restrictive conditions. And, a criminal conviction often has ramifications in civil court, especially with regard to immigration and family law matters.
In court, assault cases have many moving parts. So, at the Law Office of Lauren Campoli, we usually focus on the weakest link in the prosecutor’s chain of evidence. If our aggressive professionals can create reasonable doubt on even one point, the whole case collapses like a house of cards. That’s the kind of assertive and visionary Minneapolis assault lawyer you need in Hennepin County.
Types of Assault in Minneapolis
In the ancient common law, assault (or battery as it was known) was basically a harmful or offensive touch. Modern Minneapolis law takes this concept further. It divides assault into five categories, as follows:
- Fifth-Degree Assault: This offense is also known as ABC, or Assault By Contact. The imminent threat of injury could mean up to 90 days in jail.
- Fourth-Degree Assault: The most commonly-charged type of assault could mean up to one year in jail. Physical injury is not an element of this offense, but an injury, like a bruise or red spot, makes the case easier to prove in court.
- Third-Degree Assault: Some assault enhancements include an alleged victim under age 4, a prior assault conviction, or serious bodily injury. SBI is usually a first aid-type injury. The maximum punishment is five years in prison.
- Second-Degree Assault: The use of a deadly weapon, whether or not the weapon injuries the alleged victim, could mean up to seven years in prison. The maximum sentence is ten years if the defendant caused SBI.
- First-Degree Assault: If the defendant inflicted Great Bodily Harm, which is basically putting someone in the hospital, the defendant could face up to 20 years in prison.
If a defense is available, as outlined below, our Minneapolis assault lawyers can often reduce assault charges one or more degrees.
Possible Minneapolis Assault Defenses
Serious assaults are specific intent crimes. So, voluntary intoxication may be a defense. Legally, intoxicated individuals cannot for the necessary criminal intent.
Lack of evidence may be an issue as well, especially with regard to SBI and GBH. Many times the alleged victim may leave the scene in an ambulance but only have sustained SBI and not GBH.
This lack of evidence comes up in other areas as well. Often, a key witness is either unavailable or unwilling to testify at trial.
Contact Lauren Campoli Today For A Free Consultation
Any assault charge is very serious. For a confidential consultation with an experienced Minneapolis assault lawyer, contact the Law Office of Lauren Campoli. We routinely handle matters in Hennepin County and nearby jurisdictions. Call us today at 612-360-2906.