An assault charge can move quickly and carry lasting consequences. Martine Law provides experienced legal defense from the start.
Simple Assault Lawyers in Minnesota
6+
Years Experience
24/7
Available
4,000+
Cases Handled
MINNESOTA LAW
How Minnesota Law Defines Simple Assault Charges
According to the state court, assault charges are classified based on the degree of harm, intent, and the circumstances involved in each case.
| Charge | Statute | What It Covers | Max Sentence | Classification |
|---|---|---|---|---|
| 1st Degree Assault | § 609.221 | Great bodily harm or use of deadly force | 20 yrs / $30k | Felony |
| 2nd Degree Assault | § 609.222 | Assault involving a dangerous weapon | 7 yrs / $14k | Felony |
| 3rd Degree Assault | § 609.223 | Substantial bodily harm or prior domestic violence conviction | 5 yrs / $10k | Felony |
| 4th Degree Assault | § 609.2231 | Assault on protected individuals, including officers or school staff | 3 yrs / $6k | Gross Misd. / Felony |
| 5th Degree Assault | § 609.224 | Intentional infliction of fear or harm without aggravating factors | 1 yr / $3k | Misd. / Gross Misd. |
| Domestic Assault | § 609.2242 | Assault against a family or household member | 1 yr / $3k | Misd. / Gross Misd. |
Aggravating Factors That Increase Charges
- Causing bodily harm or visible injury
- Use or display of a weapon
- Assault against a protected person
- Prior assault or violent crime history
- The victim is a vulnerable individual (minor or elderly)
- Incident occurring in a protected setting (school, workplace, etc.)
- Violation of a restraining or protective order
- Multiple or repeated incidents in a short period
Consequences Beyond Jail Time
- Permanent criminal record affecting jobs and housing
- Loss of firearm rights under state and federal law
- Immigration risks, including deportation or visa denial
- Suspension or loss of professional licenses
- The court ordered no-contact or protection orders
- Reduced access to public housing and benefits
- Possible civil lawsuits from the alleged victim
NOTE: Final sentences depend on offense level and criminal history. A skilled simple assault lawyer in MN can challenge prior conviction records to work toward reduced charges.
DEFENSE STRATEGIES
How Our Simple Assault Lawyers Build Your Defense
Martine Law reviews the facts early to build a defense that protects your rights.
Self-Defense (Minn. Stat. § 609.06)
You have the right to use reasonable force when facing an immediate threat. We present your full account to show that your actions were lawful.
Defense of Another Person:
Stepping in to protect someone from harm is recognized under state law. We document the situation to show that your response was both justified and necessary.
Absence of Criminal Intent
Intent matters in assault cases. We review the facts to show when actions were accidental, misunderstood, or unsupported by evidence.
Fabricated or Exaggerated Claims
Personal disputes sometimes lead to inflated accusations. We examine prior statements, relationships, and motives to expose bias or inconsistency in the complaint.
Unlawful Stop or Search
When evidence comes from an illegal stop or search, we move to have it suppressed before trial. Unlawfully gathered evidence cannot be used against you in court.
Challenging Witness Credibility
We review sightlines, prior statements, and personal relationships to undermine any witness account that appears unreliable or motivated by personal interest.
Victim Status Disputes
Not every complaining party qualifies under the relevant MN statute. We investigate whether protected status truly applied at the time of the alleged incident.
Weak or Insufficient Evidence
The prosecution carries the burden of proof beyond a reasonable doubt. We identify gaps in police reports, unsupported claims, and weaknesses in the state’s overall case.
WHY CHOOSE US
Why our Simple Assault Attorneys Are Different
Statewide Courtroom Experience
Experienced Assault Defense
We understand the legal strategies used in assault cases and use that knowledge to strengthen your defense.
Evidence-First Approach
We act quickly to preserve bodycam footage, surveillance recordings, and dashcam video before they are deleted.
Available Around the Clock
We are reachable nights, weekends, and holidays for urgent legal support when you need it most.
Facing simple assault charges? Speak with a defense attorney today
COURT PROCEDURE
What to Expect as Your Case Moves Through State Court
From the initial arrest through sentencing, here is each stage of the criminal process explained clearly.
COMMON ISSUES
Frequently Asked Questions
How does a simple assault charge differ from an aggravated assault?
The difference usually depends on the level of harm, whether a weapon was involved, and whether the alleged victim falls under a protected category. Aggravated assault typically carries more serious penalties under state law.
Is jail time likely for a first-time simple assault charge?
Jail is possible but not guaranteed on a first offense. Many clients qualify for probation or a charge reduction depending on the facts. An attorney for simple assault can explain your available options.
Will a simple assault conviction appear on background checks?
Yes. Even a misdemeanor conviction remains on your record and appears in most background checks. Expungement may be available in some cases after a qualifying waiting period.
How long does a simple assault case typically take to resolve?
Most misdemeanor cases resolve within 3 to 6 months. Felony-level matters often take longer, depending on court volume and the county where charges were filed.
Did recent law changes affect simple assault charges in the state?
Yes. Updates to Minn. Stat. § 609.2231 added healthcare workers and transit operators to the protected persons list, expanding the situations in which standard simple assault can carry felony-level consequences.
OTHER DEFENSE AREAS
Additional Criminal Defense Practice Areas We Handle
Assault on Protected Persons Defense
Defense for allegations involving officers, healthcare workers, or protected public employees.
Violent Felony Defense
Defense for serious felony allegations involving assault, weapons offenses, robbery, homicide, and other violent crimes.
Aggravated Assault Defense
Defense for felony assault charges involving weapons or serious bodily injuries.
DON’T DELAY. ACT FAST
Talk to a Simple Assault Lawyer in Minnesota Today
Delays cost you options as evidence disappears and witness accounts fade. Contact our team now before it is too late.
