What if I’m Charged with 1st Degree Assault in Minnesota?
First degree assault is an extremely serious criminal charge in Minnesota. The charge requires the use of great bodily harm or even the use of deadly force under certain circumstances. Because of the nature of the charges, a conviction comes with a substantial and presumptive prison commit even if this is your first offense. As a result, if you are facing these charges in Minnesota, it is critical that you contact a Board Certified Criminal Law Specialist and experienced criminal defense attorney.
“According to the Minnesota Sentencing Guidelines, a 1st degree assault conviction presumes a very long prison sentence. This is true even if you have a spotless record.”
What Is First Degree Assault?
Under Minnesota law, 1st degree assault is a felony offense. Assault 1 charges generally fall into 2 categories:
Subdivision 1. Assault that results in great bodily harm, and
Subdivision 2. Assault using deadly force against a peace officer, prosecuting attorney, judge, or correctional employee.
What Does Great Bodily Harm Mean?
Great bodily harm means bodily injury which creates:
a high probability of death; or
causes serious permanent disfigurement; or
which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm.
What are the Possible Consequences of a 1st Degree Assault?
Under subdivision 1, if you commit an assault resulting in great bodily harm, you may face harsh penalties including:
A Felony criminal conviction;
A presumptive prison commit;
Up to twenty years in prison;
A fine of up to $30,000, or both.
Under subdivision 2, if a person commits an assault with deadly force against a peace officer, a prosecuting attorney, a judge, or correctional employee, they may face::
A Felony criminal conviction;
A presumptive prison commit;
Up to twenty years in prison;
A fine of up to $30,000, or both.
How Could a 1st Degree Assault Conviction Impact my Life?
The problem with any serious assault charge but especially a 1st degree assault charge which could put you behind bars for years, it has the tendency of making anybody convicted of it seem dangerous and unreliable. As a result, it can impact:
Your ability to get a job;
Your ability to keep a job;
Your ability to pursue the career of your choice;
Your ability to get housing;
Your ability to get certain student loans and other benefits.
Go with the Best - Contact Jack Rice Defense
If you are charged with a serious assault charge in Minnesota sit down with an experienced criminal defense attorney. Understanding the distinctions in the threat levels, as well as what is considered a weapon and even substantial bodily harm may be critical. Even more importantly, understanding three key defenses may be everything. These include:
Self defense;
Defenses of Others; and
Not Guilty.
Knowing your rights and what may be coming at you if you are charged is the first step. Having a Board Certified Criminal Law Specialist and award winning Minnesota criminal defense attorney by your side could make all of the difference.
Jack Rice is a Board Certified Criminal Law Specialist, a Former U.S. Federal Officer, a former prosecutor and Founder of Jack Rice Defense. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.