Defending you with grit and determination, no matter what type of assault.
If you have been arrested for domestic violence, charged with domestic assault or first, second, third, fourth or fifth degree assault, it is imperative that you contact the Schafer Law Firm, P.A. immediately. 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 alleged 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 prosecution proceeds.
You need an aggressive defense whether you are facing a misdemeanor fifth degree assault or a felony first-degree assault charge. Misdemeanor offenses are minor crimes punishable by up to 90 days in jail. Gross Misdemeanor Assault and Domestic Assault charges are more serious and can result in a one-year jail sentence. Felonies, however, are the most serious crimes punishable by more than a year in the state prison. 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. All elements of the charged offense must be thoroughly investigated and aggressively challenged.
Working tirelessly to build a solid defense.
Assault is a violent crime. As a result, an assault conviction can affect many aspects of your life. For example, a conviction for an assault results in the loss of your constitutional right to use and possess firearms. Seek legal help as soon as possible. Attorney Brent S. Schafer helps you answer the following questions and build a solid defense:
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 support the domestic assault or assault charge. Brent S. Schafer has successfully challenged probable cause in numerous cases, resulting in dismissal of 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 S. Schafer has successfully argued to juries that the alleged assault was a misunderstanding and obtained not-guilty verdicts and case dismissals.
Were alcohol or drugs involved? A person accused of an assault might have been so impaired by drugs or alcohol that he or she was 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 the right to defend oneself or even defend another person. Self-defense cases tend to be 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, a tough-minded and well-respected criminal defense attorney like Brent S. Schafer can often negotiate a plea bargain that will significantly minimize the severity of the ultimate outcome.