Duluth Assault Lawyer

Assault charges are not something to be taken lightly. A conviction can come with steep penalties, especially if the incident involved a weapon or resulted in serious injuries. Having previous criminal convictions can also aggravate assault charges and leave you facing steep fines and significant jail time.

When facing charges like these, it is crucial to work with an experienced criminal defense attorney. A Duluth assault lawyer could help you understand critical components of your prosecution and build a strong defense on your behalf.

Evidence of Physical Contact in Assault Cases

Assault charges do not necessarily require proof of any physical contact. Under certain circumstances, individuals can be charged with and convicted of assault without ever laying a hand on another person.

Rather than focusing solely on physical contact, assault charges can also center on proving the defendant’s intent. If a prosecutor can show that a defendant intended to cause harm or put someone in reasonable fear of harm, the defendant could be convicted of assault (even if physical contact did not actually happen.)

However, this legal concept is only applicable to certain assault charges. Depending on the degree of assault that occurred, the prosecutor might still be required to prove that physical contact occurred. A dedicated assault attorney in Duluth could help explain the nature of a defendant’s charges and what evidence the prosecution could use against them.

Degrees of Assault Charges in Duluth

Minnesota operates under a five-degree system for charging individuals with assault. Fifth-degree assault is the lowest possible charge and requires proving the intent to cause immediate harm or death or the attempted infliction of harm to the body. Depending on the facts and aggravating factors, such as the presence of a firearm, a fifth-degree assault could be charged as a misdemeanor or as a felony. Prior convictions for domestic violence can also affect the severity of these charges.

Fourth-degree assault generally involves an assault against a particular protected class, such as a correctional employee or school official. Third-degree assault involves substantial harm to the body and can result in a maximum of five years in prison and/or a fine of up to $10,000. An assault in the second degree requires the use of a dangerous weapon and results in up to seven years in prison and/or a fine of no more than $14,000. However, penalties can increase with further evidence of harm to the body. First-degree assault is the highest charge and involves substantial harm to the body, generally subject to a maximum of 20 years in prison and/or a fine of $30,000.

Punishments for assault charges can be difficult to anticipate, as statutory requirements can be subject to aggravating factors like prior offenses and a history of abuse. A local attorney could help defendants understand the circumstances of their case and the penalties they could face for assault charges.

Contact a Duluth Assault Attorney Today

Defending an assault charge can be a complex task that requires intricate knowledge of the law. A seasoned Duluth assault lawyer could stand up for your rights and ensure that any extenuating circumstances in your case, such as self-defense, are considered.

Contact us today to schedule your free consultation and learn more about the charges and defenses surrounding criminal assault. Let a knowledgeable attorney handle your negotiations or plead your case to court.