Minnesota Assault Case Results
To see just how successful our approach is, here are some representative assault case results:
Charges: 1st Degree Assault
Resolution: Probationary sentence. Mr. Adkins was retained with less than two months to counsel and advise the client on how to position himself best for a life-altering sentencing hearing. Through this counseling, the client became proactive in obtaining services while in custody and wrote a thoughtful letter, demonstrating his remorse and acceptance of responsibility for his actions. The judge told the courtroom that he took the bench prepared to send the client to prison, pursuant to a presumptive commitment of 4+ years. After Mr. Adkins’ savvy and persuasive sentencing argument, the judge reversed course and placed the client on probation and sentenced him to serve no prison time. This is truly a remarkable outcome. And it goes to show that it is critical to be sure you are prepared to fight for your future at all times throughout the case. Even at sentencing when it seems like the deck is stacked against you, the right approach and sentencing attorney can lead to incredible results.
Charges: 1st Degree Assault, Possible Attempted Murder – Felony
Resolution: In a Washington County matter, Dan Adkins successfully sought and received a probationary sentence for a young person who nearly killed a friend in an alcohol-fueled event. Had this matter been charged as attempted homicide, a sentence in the hundreds of months would have been the starting point, for either negotiations or a result after a guilty verdict. As it is, aggressive work by the legal team and a tremendous commitment on the part of the client to address mental health and drug/alcohol dependency issues in residential treatment brought about a remarkable result. After a relatively short spell on probationary conditions, this person can move forward positively and thoughtfully, having never visited the inside of a Minnesota Correctional Facility. Truly incredible result.
Charges: Threats of Violence, Felony (and Second Degree Assault pending charge, if a trial demanded)
Resolution: Case out of Washington County was dismissed on day of trial. Intense investigation led to a rapid dissolution of the State’s case, preserving a perfect lawful record of a talented professional man. A voluntary confession wasn’t the massive hurdle it generally would be, after North Star’s efforts came to bear on the case; however, this matter and so many others do point up how absolutely vital, how critical it is to get strong legal representation at the outset of your case, before you even know you are a target. Always, ALWAYS demand to be represented by counsel when questioned by police or prosecutors, simply always. The lawyers at North Star are available 24/7/52 to assist you, at your beck and call. Do not act alone, or you may find yourself sitting alone, making hard choices the wrong way. This was the third of three perfect results, same morning.
Charges: 2nd Degree Assault with a Dangerous Weapon – Felony
Resolution: Stay of Imposition – Misdemeanor record after probation. Because of the discharge of a weapon, the client was looking at a mandatory minimum prison commitment of 36 months. Mr. Adkins masterfully maneuvered through the case and found a judge that bought into the client. Over the State’s request, the judge departed from the prison commitment and even granted a stay of imposition. Further, the client didn’t have to serve more than the two days in jail that he served upon arrest. With the conditions of probation basically only requiring the client to remain law abiding and sober, the client will earn a misdemeanor conviction. A truly remarkable outcome, achieved because of North Star’s strategic and persuasive counsel.
Charges: Obstruct Legal Process, 5th Degree Assault (2 Counts), and Disorderly Conduct
Resolution: Case was dismissed. Mr. Gempeler utilized a big picture approach with a like-minded and thoughtful prosecutor to prove that the client was simply not the person that committed the alleged offense. Instead, the client was at a low point, caused by mental health issues. Over the course of a year since the date of the incident, the client took significant and meaningful strides to improve his mental health and gain stability in his life, thus demonstrating that he was not a public safety concern. The prosecutor recognized this and agreed that a dismissal was appropriate and deserved. This is the type of personalized legal strategy that North Star offers its clients – an understanding of who they are, what happened, and how to get them back on their feet, which benefits them personally, but also leads to these type of terrific results.
Charges: 5th Degree Assault – Misdemeanor
Resolution: Dismissed. Client was facing charges stemming from a fight in which he was wrongfully identified as the perpetrator. Instead, he was the peacemaker in a fight involving multiple individuals. Thankfully, Mr. Gempeler and the team at North Star diligently reviewed the witness statements and discovered that the State had charged the wrong individual based on the description of the perpetrators. With a photo of the client from the night in question, Mr. Gempeler easily persuaded the State to dismiss the case without even needing to file a formal motion.
Charges: 4th Degree Assault and Obstruction of Legal Process
Resolution: Stay of adjudication to the assault charge. Offenses involving harming an officer and disobeying their commands are often difficult to resolve in a favorable manner. Almost always, the prosecutor will want a permanent conviction. Yet, Mr. Gempeler was able to get a stay of adjudication, which means the client will not have a conviction following her successful completion of probation. Another terrific result – and this was in a county in which Mr. Gempeler had yet to practice in, proving that our approach works across the State.
Charges: 5th Degree Assault
Resolution: Case was dismissed. Through the careful and thorough investigation by our team, we developed a strong defense and were able to detail our client’s version of events, which differed from the police reports (to no one’s surprise!). Based upon the information we provided, the local city agreed to dismiss the case. The client maintains a clean record, his ultimate goal in the case.
Charges: 3rd Degree Assault
Resolution: Stay of Adjudication. The client was placed on 5 years probation (with the understanding being that he’ll be released early around the halfway mark) with minimal terms and conditions and costs ordered for $100. For a father of two with a clean criminal record, it was imperative to earn the opportunity to keep his record clean and put him in a position to have this matter expunged. Without any real viable defenses, this is a remarkable outcome achieved through strong advocacy and a client that was proactive in addressing possible chemical dependency and anger issues before a plea.
Charges: 4th Degree Assault
Resolution: Case was dismissed on motion of Defense. Early Discovery demand and artful arguments on absence-of-evidence turns into justice for our client. Client was facing up to a year in jail and/or a $3,000 fine. Cases like this shows just how having an attorney represent you can make a world of difference.
Charges: Client faced the four charges in one case including 4th Degree Assault of an Officer
Resolution: Client pled down to Obstruction of Legal Process. This was an incredible result for a client that, at one time, had five pending domestic-related matters. In the end, he will have no new jail time, minimal fines, and be on probation with standard conditions. For a young man with no criminal record, limiting the damage to only an obstruction is a home run. The client is ecstatic and thrilled with this outcome.