1st Degree Assault

1st Degree Assault

1st degree assault occurs when the assault results in great bodily harm to the alleged victim, which means an injury that creates a high probability of death, causes serious permanent disfigurement, or causes a permanent or protracted loss or impairment of the function of any limb or organ. First degree assault also occurs when the actor assaults a police officer, prosecuting attorney, judge, or correctional employee by using or attempting to use deadly force.

This is a felony-level offense and carries a maximum penalty of 20-years and/or a fine of $30,000.

Defenses

There are a number of defenses possibility available, all of which are dependent upon the circumstances of the case. This is why it is critical to hire a Minnesota assault attorney that will develop a personalized legal strategy, tailored to your case.

One of the more common defenses is self-defense, where the alleged victim was the initial aggressor and you only used enough reasonable force to stop the aggressor. One significant benefit of the self-defense claim is that the State carries the burden of proving you were not acting in self-defense.

Other common defenses include, but are not limited to, defense of others (similar to self-defense, but you are protecting a family member of close friend), defense of property, consent, necessity, intoxication, and alibi.

Beyond raising these common defenses, any good Minnesota assault attorney will investigate the allegations, hire an investigator if necessary, and figure out just how compliant the complaining victim is to the State. If witnesses are unavailable, the State’s case becomes exponentially weaker.

It is critical that you contact us now to get us started on your defense right away. Any assault conviction can lead to devastating consequences. You need a Minnesota assault attorney that is Not Always Minnesota Nice fighting for you, contact us now.

Case Results

To see just how successful our approach is, here are some representative case results:

State v. D.V.

Charges: 1st Degree Assault - Sentencing Attorney only

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.

State v. (Confidential)

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.

North Star Criminal Defense - Proven Success in Fighting Assault Charges

The Minnesota assault lawyers at North Star Criminal Defense have over 30 combined years of successfully defending against assault charges of all degrees and throughout multiple jurisdictions, including federal courts in multiple states. We know the law, the defenses, and the strategy necessary in order to obtain resolutions that avoid convictions and jail time. We have helped countless clients overcome these debilitating charges and get back on their feet. If you have been accused of any type of drug crime, you need to contact us right away.