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Minnesota Assault & Battery Attorneys

If you’re looking for the best defense for assault charges in the Twin Cities, you’ve come to the right place. Right now, you might be thinking that you don’t have options — but you’d be surprised. We’ve represented thousands of clients, all of whom started in the same position as you right now.

We’re here to help. We will be alongside you every step of the way to fight for your rights and help you navigate what can be a complicated and punitive system. Schedule a consultation to get started.

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About the law

What are the elements of an assault in Minnesota?

In Minnesota, there are two types of assault:

Assault-fear:
the act of putting someone in fear of an attack or non-consensual contact. It requires the state to prove you did something to cause another to fear imminent bodily harm, which can be very difficult to prove.

Assault-harm:
physical contact that results in bodily harm or injury.

Assault charges can also stem from mutual altercations, or an altercation involving self-defense or defending another.

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What are the degrees of assault crimes in Minnesota, and what punishments apply to each?

There are five degrees of assault under Minnesota law, which are based on the following factors and circumstances.

Fifth-degree Assault

The lowest level of assault is a misdemeanor. It is defined as an act with intent of causing fear of imminent bodily harm, or intentional attempt to inflict bodily harm upon another. Potential consequences: up to 90 days in jail, a $1,000 fine, or both.

Fourth-degree Assault

Defined the same as fifth-degree assault, but with an aggravating factor such as assault against a public servant, law enforcement officer, school official, or medical staff, or if the assault is discriminatory. It is a gross misdemeanor punishable by up to one year in jail and a $3,000 fine.

Third-degree Assault

An act that inflicts substantial bodily harm (temporary disfigurement, temporary loss or impairment of the function of a bodily member or organ, or the fracture of any bodily member). It can also include assault on a minor after engaging in a past pattern of child abuse, or any harm to a child under the age of four. It is a felony punishable by up to five years in prison and a $10,000 fine.

Second-degree Assault

Defined as assault involving the use of a firearm (even if it’s unloaded or temporarily inoperable) or any other item capable of causing serious bodily harm or death, such as a knife, baseball bat, flammable liquid, or motor vehicle. It is punishable by up to 20 years imprisonment and a $10,000 fine.

First-degree Assault

Defined as causing great bodily harm to the victim (harm leading to life-threatening injuries or a permanent disability), OR using deadly force against a police officer or employee of a correctional facility. The most serious assault charge carries a potential prison sentence of 20 years and a maximum fine of $30,000. 

Frequently Asked Questions About Assault

What if the victim of assault is a family member?

Minnesota law states that whoever commits an assault on a family or household member is guilty of domestic assault. To learn more, visit our domestic assault page.

What is the difference between aggravated assault and simple assault?

Simple assault generally involves either the threat of immediate harm or a physical act that results in minimal injuries, where aggravated assault may involve an assault resulting in serious bodily harm or an assault committed with some aggravating factor, like using a deadly weapon or against a police officer.

What is battery?

Assault and battery are generally interchangeable terms today. Historically, battery and assault were considered separate crimes, with battery requiring that the aggressor physically strike or offensively touch the victim. In that way, a battery was a "completed" assault. But most modern statutes don't bother to distinguish between the two crimes, and statutes often refer to crimes of actual physical violence as assaults.

What if I acted in self-defense?

Minnesota law does give citizens the right to defend against imminent threats of danger or assault. However, you must meet the burden of proof, which stipulates certain conditions that must occur for the act to be considered self-defense. Your attorney can help you build a case to prove that you acted in self-defense, rather than assault on the other party.

What should I do after being charged with assault?

The best thing you can do is meet with an attorney. You don’t have to talk to police before you have representation, and you shouldn’t do so if you want the best chance of lowering or dismissing your charges.

Can you be charged with assault without evidence?

No. The burden of proof falls on the prosecution, who must prove beyond a reasonable doubt that you are guilty of your crime. This means that the evidence presented and the arguments put forward by the prosecution establish your guilt so clearly that they must be accepted as fact by any rational person.

Next steps

Contact a Minnesota assault attorney right away

At Sheridan, Dulas & Kins, P.A., we always fight for the complete acquittal or dismissal of charges. An assault charge can upend your life, but with an experienced attorney by your side, it doesn’t need to define your future.

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Reviews & tESTIMONIALS

Reviews For Sheridan, Dulas & Kins, P.A.

See what our clients are saying.

Rachel

Randall was professional and got better results than I anticipated! He has his client's best interests at heart and works hard to achieve outstanding results.

David

I contacted multiple attorneys in the south Metro before finding Mr. Randall Kins. During my consultation I immediately felt his compassion for my situation, and his determination to win for his clients. I hired him during that call. I had 8 felony charges each carrying a potential term of 5 years imprisonment. He quickly reached out to the prosecutor and started working my case, communication during the process was great, and his office easy to deal with. He did not tell me what I wanted to hear, was straight forward, and honest about my chances of a good deal. Mr.Randall Kins was able to have all 8 Felonies dropped or reduced to gross misdemeanors, I was not sentenced to serve time, I retain my rights, and most importantly it will not affect my job. Thanks to his amazing work, I can move on with my life. I would highly recommend Mr. Randall Kins to help with your case.

Scott

Last year right before the pandemic started, I was charged with a DWI and afterwards it felt like my life was on a downward spiral. After searching online and going to friends for legal referrals it seemed like a dead end with no results. Looking on Avvo I found Mr. Kins through his positive feedback and testimonials; I had a gut feeling that he was the right person for this job and he was! If there is one adjective that can best describe Mr. Kins is a Bulldog, because he will fight for you and make sure you get the best and fairest outcome. He was able to get my DWI reduced to a Careless Driving conviction! I am a highly satisfied customer and will refer anyone to his services.

Anonymous

Randall was extremely helpful regarding my DUI case. I had no idea how to precede or what to expect as this was my first offense. He gave great advice regarding my case and he never rushed anything and kept me updated along the way throughout the long process. He was able to negotiate to get my license back while we waited for the final ruling which was very helpful. I had a great outcome on my case and would recommend him to anyone looking for an attorney.

Anonymous

Randall took what looked like an unwinnable situation and was able to reduce my DUI to reckless driving. I highly recommend retaining him. He talks to you straight and gives you the facts and what your options are.

Wendy

Professionalism, smart strategy, expert advice, and kindness make for the exact right combination when a person confronts difficult challenges. The law firm of SHERIDAN & DULAS, P.A., and Randall Kins are exceptional attorneys. They are both professional and personal; providing me with services that made a difficult situation better and provided an amazing outcome for its resolution. I found myself in a terrible situation that threatened all aspects of my life and without the expertise of Randall Kins and his law firm I would have been lost. I highly recommend them and their services. I cannot imagine what I would have done without their help. Thank you so much Randall Kins and SHERIDAN & DULAS, P.A.

Vanessa B.

They made a very difficult time for me as quick and as painless as possible.

Bruce

The case was complicated and had many interactions that were required behind the scenes to achieve a positive outcome regarding some serious but defendable charges. Randall had to work on several levels with the case, including civil, criminal, and elements addressing mental competency. Randall manage all avenues with great agility and when it came to making a decision between accepting a plea settlement or going forward to trial, there was never any pressure other than whether the deal made sense or not and OUR best interests. There was never any pressure to settle because it would mean less work for him; he was willing to go where the case took him, and he was willing to fight if we wanted the fight, even though it meant no more money for him, just more work. He has our 100% confidence and we will always be grateful for the efforts he put in on our behalf, efforts which ‏extended over a much longer period of time and required far greater number of interactions than any of us expected when we hired Randall to take our case. Thank you Randall for a very successful outcome and the peace of mind you brought us along the way!

Anonymous

Randall and his team helped me with my case in a very professional way. I have never experienced anything like this before and Randall took the time to explain to me every single detail more than once. Is a very complicated system and he totally took the time to explain it to me. I would totally hire him and his law firm.

Kevin

I am a commercial truck driver. I was involved in an accident, in my personal vehicle, and cited for "following too close". Randall listen to my story and determined that another motorist had made a bad choice that had played a major role in the cause of the accident. He also found a statute that directly countered the violation I was being cited for. Because I have a commercial driver's license, the citation had to go to trial to have it removed from my record. Randall Kins handled the trial very professionally. He countered maneuvers by the prosecution and executed several measures that advanced and strengthen our case, and ultimately brought about the desired "Not Guilty" verdict I needed to maintain my driving record. In a system that is becoming increasingly difficult for professional drivers to get a fair "shake" in... I would definitely recommend Randall Kins of Sheridan and Dulas to argue in your behalf.

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