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Simple Assault Lawyers in Minnesota

An assault charge can move quickly and carry lasting consequences. Martine Law provides experienced legal defense from the start.

MN State Bar Licensed
Judicial Insight

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

Regular appearances in Hennepin, Ramsey, Dakota, Anoka, and courts across the state.

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.

1

Arrest and Booking

Provide only your name. Stay quiet and ask for an attorney right away to protect your rights from that moment forward.
2

First Appearance and Bail Hearing

A judge reviews your case within 48 hours. We work toward release under fair conditions and reasonable bail terms.
3

Charge Review and Discovery

We collect police reports, witness statements, and all available evidence early to begin shaping your defense approach.
4

Omnibus and Pre-Trial Motions

We challenge unlawful evidence, question probable cause, and seek to suppress harmful material before your case reaches trial.
5

Negotiation With the Prosecution

We pursue dismissal, charge reduction, or a favorable resolution while keeping you fully informed at every stage.
6

Trial

We present witnesses, expert testimony, and a comprehensive defense strategy tailored to the specific facts of your case.
7

Sentencing Advocacy

We highlight your background and personal steps toward rehabilitation to pursue the lowest available lawful sentence.

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.