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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.

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.

Brian J.

Very talented. If you’re facing serious charges you need to be very well represented. Jeff is tenacious.

Anonymous

I was unfairly charged with a domestic assault misdemeanor and I was really terrified. Attorney Randall took on my case and he was very transparent throughout each step. Knowing what to expect and what my options (good and bad) were was very helpful to me. Randall really advocated for me and even went further to ask other third parties involved to help prove my innocence. I will forever be grateful to him. If you are looking for someone who genuinely cares about your story and is willing to go the extra mile then please consider Randall to represent you. He is a real Shark and he is very persistent in ensuring the best interests of his clients.

Anonymous

Was looking at a serious felony charge and my lawyer Randall Kins got it dropped down to a misdemeanor. I would not hesitate again to use him as my lawyer or as a recommendation for someone else. He handled the case professionally and never left me in the dark about my options.

Peter

I hired Randall Kins to clear up an old charge that was on my record for over 30 years. He was very quick, professional, and kept me informed of the status of his investigation. I was very pleased with his service.

Anonymous

Mr. Randall Kins is a straightforward, client-focused Attorney, he had my best interest from our first meeting. He told me play-by-play how my case would go during that same 1st meeting and it went exactly as he said. Any and all doubts, anxiety, and the burden of having an active case was lifted by a single meeting with Mr.Kins. I had my case dismissed, Mr.Kins delivered everything he promised during our first meeting. I highly recommend You retain Mr. Randall Kins as your attorney!

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.

Anonymous

Mr. Kins was a fantastic attorney! I lived quite a distance from his office so most of the initial conversations were by phone which worked out wonderful for me since I requested it. Mr. Kins truly cared about me and my case and responded to all my phone calls no matter what time I called him. For someone who has never been in any kind of trouble, I was truly grateful for Mr. Kins. He explained everything to me and got me the best possible outcome I could have asked for. If anyone needs an attorney that will take a personal interest in your case and do the very best he can for you I highly suggest you hire Mr. Kins.

Rahul

I was charged with 4th degree DWI, in March last year before COVID. This was my first DWI, and me being on a temp visa (H1-B) in the USA, the gravity of the situation is worse compared to a citizen. I could've been deported and would've been denied my work visa and lost my livelihoodI found Randall to be a very charismatic and a confident lawyer, with strong persuasive skills, who knows the loop holes of criminal law and is very knowledgeable in handling DWI cases. His ability to think outside-the-box with my situation, presenting my case in a manner that forced a very old-school by-the-book prosecutor to think twice about how he went about this case and got my case resolved to a careless driving made me absolutely ecstatic with the results that Randall provided.

Mary

I met with Randall due to my 3rd Degree DWI charge. I was shaken, I was scared (because who wouldn't be). He made me feel at ease. He was very informative on how a DWI case goes, there are 2 cases to be fought out. When I told my peers about that, they were surprised because they didn't even know there were 2 sides to a DWI charge. He will fight tooth and nail to get every piece of evidence, study all that is given to him and make sure that you are satisfied with the outcome. I would just like to say that the outcome that I received on my case is the best that I could have ever hoped for. It went from a 3rd Degree DWI down to Careless Driving. I won my case with a lesser charge and I am truly happy about it. All this could not have been possible without the knowledge, trust, and hard work that Randall did for me.

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