Minnesota Criminal Assault Attorney

Assault and Domestic Violence charges can often be the most disruptive and emotionally difficult charges to fight. A conviction or plea of guilty not only can result in a jail sentence but often require marital counseling, domestic violence counseling, anger management, alcohol classes and no contact orders.  These severe consequences are often the case even when the parties themselves do not want court intervention.

It is important to remember that in all criminal cases, especially in assault and domestic violence cases, the State of Minnesota is the party pressing the criminal charges, not the so-called victim. In Minnesota, it does not matter whether or not the alleged victim wants to prosecute the domestic violence charge. Once the police have arrested and charged a party with assault or domestic violence, the prosecutor proceeds with prosecution.

The law dictating prosecution often makes it extremely difficult to resolve your assault or domestic violence case. Brent Schafer is an experienced Twin Cities, Dakota, Washington and Scott County Assault and Domestic Violence Attorney who knows the intricacies of assaults and domestic violence cases and will use that knowledge to help defend your case.

If you have been arrested for domestic violence or assault, it is imperative that you contact Brent Schafer and the Schafer Law Firm immediately. He will help defend your case in court.

Many times a conviction for an assault will result in the loss of your constitutional right to use and possess firearms. This means that a person convicted of assault or domestic violence may be prohibited from hunting and may even lose employment if possession of a firearm is part of their employment.

Minnesota has a domestic assault statute and five separate degrees of assault:

• ASSAULT IN THE FIRST DEGREE
• ASSAULT IN THE SECOND DEGREE
• ASSAULT IN THE THIRD DEGREE
• ASSAULT IN THE FOURTH DEGREE
• ASSAULT IN THE FIFTH DEGREE
• DOMESTIC ASSAULT

An aggressive defense is required whether you are facing a misdemeanor Fifth Degree Assault or a felony First Degree Assault charge. You have defenses and legal strategies that can be used to win your case or significantly reduce the charge and consequences. The State has the burden of proving each and every element of the criminal assault charge brought against you. Every element of the charged offense must be thoroughly investigated and aggressively challenged.

Is there enough evidence to even support the charge? Every person charged with a criminal offense has the right to challenge whether there is enough evidence to even support the domestic assault or assault charge. Brent Schafer has successfully challenged probable cause in numerous cases, resulting in dismissal of what originally appeared to be very serious criminal charges.

Was there actually intent to assault or cause fear of an assault? The State has to prove that the accused intended to cause an assault or fear of an assault.  Was the alleged assault an accident or misunderstanding? Brent Schafer has successfully argued to juries that the alleged assault was a misunderstanding and obtained not guilty verdicts and case dismissals.

Was there alcohol or drugs involved? A person accused of an assault might have been so impaired by drugs or alcohol that they were unable to possess the state of mind to commit an intentional act. This could provide yet another defense to an assault charge or a basis to challenge probable cause and have the case dismissed long before a jury trial.

Were you acting in self-defense? Minnesota law recognizes a person’s right to defend themselves or even defend another person. Self-defense cases are very complicated and must be built and presented with great care and only after a complete investigation of the case.

You have potential defenses to all levels of assault and domestic violence charges. Even if you do not have a viable defense to an Assault charge, an experienced and well respected criminal defense attorney like Brent Schafer can often negotiate a plea bargin that will significantly minimize the ultimate outcome.  Contact criminal trial attorney Brent S. Schafer at Schafer law Firm, P.A. today if you or a loved one are facing assault or domestic violence charges.

When emotions are running high, you need an experienced Minnesota domestic violence lawyer or Minnesota assault lawyer who knows how to keep everyone calm and collected while vigorously representing and protecting your legal interests. Brent’s goal is to reduce the stress and pain that you and your family feel from being prosecuted for an assault or domestic violence offense.

If you have been arrested for Domestic Violence in Minnesota, contact Brent Schafer, an experienced Assault and Domestic Violence Lawyers.

609.221 ASSAULT IN THE FIRST DEGREE.

Subdivision 1. Great bodily harm.

Whoever assaults another and inflicts great bodily harm may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $30,000, or both.

Subd. 2. Use of deadly force against peace officer or correctional employee.

(a) Whoever assaults a peace officer or correctional employee by using or attempting to use deadly force against the officer or employee while the officer or employee is engaged in the performance of a duty imposed by law, policy, or rule may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $30,000, or both.

(b) A person convicted of assaulting a peace officer or correctional employee as described in paragraph (a) shall be committed to the commissioner of corrections for not less than ten years, nor more than 20 years. A defendant convicted and sentenced as required by this paragraph is not eligible for probation, parole, discharge, work release, or supervised release, until that person has served the full term of imprisonment as provided by law, notwithstanding the provisions of sections 241.26, 242.19, 243.05, 244.04, 609.12, and 609.135. Notwithstanding section 609.135, the court may not stay the imposition or execution of this sentence. (c) As used in this subdivision:(1) "correctional employee" means an employee of a public or private prison, jail, or workhouse; (2) "deadly force" has the meaning given in section 609.066, subdivision 1; and (3) "peace officer" has the meaning given in section 626.84, subdivision 1.

609.222 ASSAULT IN THE SECOND DEGREE.

Subdivision 1. Dangerous weapon.

Whoever assaults another with a dangerous weapon may be sentenced to imprisonment for not more than seven years or to payment of a fine of not more than $14,000, or both.

Subd. 2. Dangerous weapon; substantial bodily harm.

Whoever assaults another with a dangerous weapon and inflicts substantial bodily harm may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.

609.223 ASSAULT IN THE THIRD DEGREE.

Subdivision 1. Substantial bodily harm.

Whoever assaults another and inflicts substantial bodily harm may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.

Subd. 2. Past pattern of child abuse.

Whoever assaults a minor may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the perpetrator has engaged in a past pattern of child abuse against the minor. As used in this subdivision, "child abuse" has the meaning given it in section 609.185, clause (5).

Subd. 3. Felony; victim under four.

Whoever assaults a victim under the age of four, and causes bodily harm to the child's head, eyes, or neck, or otherwise causes multiple bruises to the body, is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.

609.2231 ASSAULT IN THE FOURTH DEGREE.

Subdivision 1. Peace officers.

Whoever physically assaults a peace officer licensed under section 626.845, subdivision 1, when that officer is effecting a lawful arrest or executing any other duty imposed by law is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both. If the assault inflicts demonstrable bodily harm or the person intentionally throws or otherwise transfers bodily fluids or feces at or onto the officer, the person is guilty of a felony and may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $6,000, or both.

Subd. 2. Firefighters and emergency medical personnel.

Whoever assaults any of the following persons and inflicts demonstrable bodily harm is guilty of a felony and may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $4,000, or both:

(1) a member of a municipal or volunteer fire department or emergency medical services personnel unit in the performance of the member's duties; or

(2) a physician, nurse, or other person providing health care services in a hospital emergency department.

Subd. 2a. Certain Department of Natural Resources employees.

Whoever assaults and inflicts demonstrable bodily harm on an employee of the Department of Natural Resources who is engaged in forest fire activities is guilty of a gross misdemeanor.

Subd. 3. Correctional employees; probation officers.

Whoever commits either of the following acts against an employee of a correctional facility as defined in section 241.021, subdivision 1, paragraph (f), or against a probation officer or other qualified person employed in supervising offenders while the employee, officer, or person is engaged in the performance of a duty imposed by law, policy, or rule is guilty of a felony and may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $4,000, or both:

(1) assaults the employee and inflicts demonstrable bodily harm; or

(2) intentionally throws or otherwise transfers bodily fluids or feces at or onto the employee.

Subd. 3a. Secure treatment facility personnel.

(a) As used in this subdivision, "secure treatment facility" has the meaning given in section 253B.02, subdivision 18a.

(b) Whoever, while committed under section 253B.185 or Minnesota Statutes 1992, section 526.10, commits either of the following acts against an employee or other individual who provides care or treatment at a secure treatment facility while the person is engaged in the performance of a duty imposed by law, policy, or rule is guilty of a felony and may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $4,000, or both:

(1) assaults the person and inflicts demonstrable bodily harm; or

(2) intentionally throws or otherwise transfers bodily fluids or feces at or onto the person.

(c) The court shall commit a person convicted of violating paragraph (b) to the custody of the commissioner of corrections for not less than one year and one day. The court may not, on its own motion or the prosecutor's motion, sentence a person without regard to this paragraph. A person convicted and sentenced as required by this paragraph is not eligible for probation, parole, discharge, work release, or supervised release, until that person has served the full term of imprisonment as provided by law, notwithstanding the provisions of sections 241.26, 242.19, 243.05, 244.04, 609.12, and 609.135.

(d) Notwithstanding the statutory maximum sentence provided in paragraph (b), when a court sentences a person to the custody of the commissioner of corrections for a violation of paragraph (b), the court shall provide that after the person has completed the sentence imposed, the commissioner shall place the person on conditional release for five years. The terms of conditional release are governed by sections 244.05 and 609.3455, subdivision 6, 7, or 8; and Minnesota Statutes 2004, section 609.109.

Subd. 4. Assaults motivated by bias.

(a) Whoever assaults another because of the victim's or another's actual or perceived race, color, religion, sex, sexual orientation, disability as defined in section 363A.03, age, or national origin may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.

(b) Whoever violates the provisions of paragraph (a) within five years of a previous conviction under paragraph (a) is guilty of a felony and may be sentenced to imprisonment for not more than one year and a day or to payment of a fine of not more than $3,000, or both.

Subd. 5. School official.

Whoever assaults a school official while the official is engaged in the performance of the official's duties, and inflicts demonstrable bodily harm, is guilty of a gross misdemeanor. As used in this subdivision, "school official" includes teachers, school administrators, and other employees of a public or private school.

Subd. 6. Public employees with mandated duties.

A person is guilty of a gross misdemeanor who:

(1) assaults an agricultural inspector, occupational safety and health investigator, child protection worker, public health nurse, animal control officer, or probation or parole officer while the employee is engaged in the performance of a duty mandated by law, court order, or ordinance;

(2) knows that the victim is a public employee engaged in the performance of the official public duties of the office; and

(3) inflicts demonstrable bodily harm.

Subd. 7. Community crime prevention group members.

(a) A person is guilty of a gross misdemeanor who:

(1) assaults a community crime prevention group member while the member is engaged in neighborhood patrol;

(2) should reasonably know that the victim is a community crime prevention group member engaged in neighborhood patrol; and

(3) inflicts demonstrable bodily harm.

(b) As used in this subdivision, "community crime prevention group" means a community group focused on community safety and crime prevention that:

(1) is organized for the purpose of discussing community safety and patrolling community neighborhoods for criminal activity;

(2) is designated and trained by the local law enforcement agency as a community crime prevention group; or

(3) interacts with local law enforcement regarding community safety issues.

609.224 ASSAULT IN THE FIFTH DEGREE.

Subdivision 1. Misdemeanor.

Whoever does any of the following commits an assault and is guilty of a misdemeanor:

(1) commits an act with intent to cause fear in another of immediate bodily harm or death; or

(2) intentionally inflicts or attempts to inflict bodily harm upon another.

Subd. 2. Gross misdemeanor.

(a) Whoever violates the provisions of subdivision 1 against the same victim within ten years of a previous qualified domestic violence-related offense conviction or adjudication of delinquency is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.

(b) Whoever violates the provisions of subdivision 1 within three years of a previous qualified domestic violence-related offense conviction or adjudication of delinquency is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.

(c) A caregiver, as defined in section 609.232.