Rochester Assault Defense Attorney

Assault and Battery in Minnesota

Assault

In Minnesota, there are two kinds of assault. The first is intentionally striking or inflicting harm on a person—what many other states call battery. The second is intentionally inflicting fear that another will be harmed. So even if a person does not actually strike another, they may still be guilty of assault if they make the victim feel afraid.

The penalties for assault vary with the level of the charge. The lowest level is punishable by ninety days in jail plus a $1000 fine, while the most serious level is punishable by twenty years in prison and a $30,000 fine. The level of assault depends on a number of factors, including:

  • Was anyone hurt? If so, how badly?
  • Was there a weapon involved?
  • How old is the victim?
  • Is the victim a firefighter, paramedic, or police officer?

Domestic Assault

Assault becomes a domestic assault when it is committed against a family or household member. Frequently, those accused of domestic assault are subjected to a domestic abuse no-contact order (“DANCO”) or an order for protection (“OFP”). When this happens, the accused must obey the court’s order or face additional criminal charges.

To schedule a free initial consultation with Walters & Wintering, Ltd., call (507) 281-5872, or simply contact us online.