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Minnesota Assault Case Results
To see just how successful our approach is, here are some representative assault case results:
Gross Misdemeanor sentence to assault plea. The client had a rough night in which she bit off part of the victim's ear. Both parties were intoxicated. Our client had no criminal record and it was critical to avoid a felony record in order to keep her career. Based upon our counseling to be proactive in addressing chemical dependency and mental health issues, combined with our experienced negotiating, the client obtained an agreed-upon gross misdemeanor sentence to the charge. Ultimately, the client was ordered to serve no additional jail, pay a $100 fine, and complete an anger management assessment. Considering the circumstances, this is a fantastic and necessary result for our client.
Continuance for dismissal. Client was facing serious assault charges stemming from an incident involving his opposition to political protesters in his neighborhood. Admittedly, his response was far from ideal. But, he took proactive steps following it to address his anger and show that he was not a public safety risk. Despite the possibly underlying political statement issues associated with the case, the North Star team achieved this needed result, thereby affording the client to continue searching for new employment without the stain of an assault and/or disorderly conduct conviction on his record. The client is thrilled to have chosen the North Star team to fight on his behalf through this case and challenging time in his life.
Acquittal at trial on ALL nine counts. A vigorous case led to a trial that spilled in to a second week. The North Star team fought tooth and nail the entire case and prepared a strong self-defense and defense of others defense. While the video evidence supported these affirmative defenses, ultimately defending 13 bullets and two innocent minor bystanders getting hit is no easy task. But, Mr. Adkins and Mr. Gempeler were up to the task. After the case was submitted, the jury deliberated for only 3 hours (including the lunch hour) before returning Not Guilty verdicts on all nine counts. The client and his family got the justice he so rightfully deserved and they are thrilled they had the North Star team fighting for them when they needed it the most.
Conviction on Receipt of Stolen Property. The client in this case, with a lengthy and troubling criminal history, faced a sentence of effective life in prison, had Hernandizing and other components been left to a judge to compile. Rather, Mr. Adkins worked with a thoughtful prosecutor to reduce the client's exposure to the sixty months he'd necessarily face as a felon handling a gun (in this case, shooting up a party where he'd been assaulted only moments before), with a count of offense being one that keeps the client eligible for Boot Camp--and a potential return home only six months out, rather than a DECADE. If you have an unfortunate prior record, for felonies, for violence, or merely for traffic violations, and your new case means trouble, call Dan Adkins and North Star NOW. There is no time to waste, and there is no time that MUST be served, if you and Dan can coordinate your defense.
Acquitted at a jury trial. Client was alleged to have engaged in a rather violent road rage incident in Carver County. Even with an offer of a stay of adjudication - which would have resulted in a dismissal and eliminate the risk associated with trial - the client was consistent that he wanted his day in court to show that he did not engage in the type of violent assault the State was alleging. The State had three separate, independent witnesses that all alleged they saw our client viciously assault another driver. The driver, himself, said the same thing. Yet, Mr. Gempeler crafted a brilliant trial strategy and theme that carried the day. Armed with photographs that simply did not match the allegations, Mr. Gempeler attacked the case and the witnesses, impeached them all, and showed how their stories were incomplete and continued to change with the passage of time. Most notably, he had the primary witness - an off-duty Sergeant, former detective - throwing her hands up and asking the State's attorney whether she, the officer, could object to Mr. Gempeler's questioning. Needless to say, the cross examination was thorough and devastating to the State's case. As a result, the State's case lacked credibility, believability, and ultimately reasonably doubt existed. The jury returned a not guilty verdict in short order, proving again that we are Not Always Minnesota Nice when fighting for our clients.
Stay of adjudication. The client had retained other defense counsel, but switched to North Star after her former attorney demonstrated a lack of will and fight. Once North Star took over, we worked hard to humanize our client, explain the major consequences that could come from a conviction, and fought tooth and nail to get a new offer on the table that would permit us to argue for a stay of adjudication to the Court. The State did not agree and, in fact, argued for a stay of execution at sentencing. Despite this, Mr. Gempeler successfully convinced the Court to grant the stay of adjudication - over state objection, which rarely happens (and technically shouldn't by law) - and give the client the second chance she so deserves.
Stay of Adjudication, Misdemeanor. North Star's Dan Adkins teamed up with the incomparable Shirlene Perrin Law Firm to achieve the unthinkable. Client, who mistook one man for the fellow who had harassed and propositioned his girlfriend on an evening out, knocked that wrong man out cold, causing serious injuries and requiring ongoing care concerns. After lengthy negotiations, and maximum creativity on Shirlene's and Dan's part, the case concludes with an unaccepted guilty plea, a brief period on light conditions, and dismissal of the reduced misdemeanor count. Client will NEVER have a conviction on his record, if he complies with the terms he's accepted. Life-altering stuff, this.
Mr. Adkins waives wand, magic results... or so it would seem. In this matter, a dad who allegedly pointed his firearm at another driver in a road rage dispute, rolled the dice with complete acceptance of responsibility, with his lawyer working hard as hell, and trusting a wise and worldly judge, notwithstanding a smart and motivated prosecutor arguing strongly in opposition, and... the felony evaporates. Client will move forward with no loss of rights, with no horrific 'Felony' attached to his name, with no outsized probation length or conditions... North Star was created for these moments, for clients like this, and for these wins. Get on board, if you or someone you love has exposure like this, and we will create your version of this dismount.
Stay of adjudication with minimal terms of probation above and beyond what the client is already doing. This was a rather non-descript case - an assault caused by severe impairment. The client did the right things after in getting an assessment and cutting out alcohol. Still, the County Attorney took the case much more serious, demanding a conviction and possible time to be served initially. Undeterred, Mr. Gempeler pushed back, even had the case set for trial, and continued pressing on the prosecutor to get the appropriate and just outcome. Finally, after these strategic efforts and dogged negotiations, the client got the right deal and is happy to be able to move forward without this drunken night further impacting him.
Reduction to Disorderly Conduct, Stay of Adjudication. A victim reports having been choked to the point of asphyxiation by her boyfriend, and having been punched repeatedly by our client, and felony charges against the boyfriend and a nasty gross misdemeanor complaint against our man ensue. Mr. Adkins negotiated carefully and well, and potentially career-ending criminal charges will be removed outright from the record in a short period of time. No jail, no onerous terms of probation, nothing other than payment of minimal costs was required, and the client is over the moon.