A 6-Step Guide to Navigating an Assault Charge in Minnesota
An arrest for assault can be as surprising as it is terrifying. The moments that follow can feel like a blur of fear and confusion. But the choices you make right away—in the first few moments, days and weeks after an assault arrest—can have a significant effect on your future.
We’ve put together a list of things to do when you’ve been accused of an assault charge in Minnesota. Of course, a blog post can’t substitute for legal advice. If you need legal help, the best way to get it is to schedule a confidential consultation with an attorney. That way, you can talk with someone about the unique facts of your case.
1. Know Your Rights—Especially Your Right To Remain Silent
If you’ve ever seen a cop show on TV, you probably know that the police are supposed to “read you your rights” as you are being arrested. When the police say, “You have the right to remain silent,” and “Anything you say can and will be used against you in a court of law,” they mean it. That’s your reminder to stay silent.
These rights are known as Miranda rights, and they come from a famous Supreme Court case called Miranda v. Arizona. In that case, a man named Ernesto Miranda signed a written confession after he’d been interrogated in police custody, without knowledge of his right to legal counsel.
Courts have interpreted Miranda to apply only to “custodial interrogation,” meaning a person being interrogated while in custody. So, if you’re free to leave at any time, or if the police don’t plan to interrogate you, they may not be required to read you your rights.
Remember that your rights still exist, even if they aren’t read to you. Exercise your right to remain silent.
2. Understand What Assault Charges Mean in Minnesota
Minnesota takes assault charges seriously. Minnesota Statute SE 609.02, subdivision 10 is the statute that defines assault as a crime. There are two forms of assault under Minnesota law:
Assault-Harm is “the intentional infliction of or attempt to inflict bodily harm on another.” It’s a general-intent crime, which means the action is a crime, whether you intended to commit assault or not. For example, even if you were drunk and started a fight that you didn’t mean or don’t remember, you can be charged.
Assault-Fear is “an act done with the intent to cause fear in another of immediate bodily harm or death.” It’s a specific-intent crime, meaning prosecutors must prove that you intended to cause fear or harm. You can be charged with this even without physical contact, such as if you made virtual threats that made someone afraid you were going to hurt them.
Penalties for Assault Charges in Minnesota
In Minnesota, assault charges are classified into five degrees based on the seriousness of the offense and the level of harm caused. Fifth-degree assault is the lowest-level charge, a misdemeanor. They increase in severity up to first-degree assault, which is a felony and the most serious assault charge in Minnesota.
Penalties depend on the seriousness of the alleged assault. For example, misdemeanors could result in up to one year in jail, while felony charges could mean a prison term of up to five years—or even seven years for severe cases that involve deadly force or vulnerable adults.
Of course, you may be offered a plea deal before ever going to court. You’ll want to discuss that option with your lawyer.
3. Get an Attorney To Handle Your Assault Defense in Minnesota
In an assault case, it’s important to retain an attorney as soon as possible. You’re entitled to a phone call; use it to contact a criminal defense attorney or a family member who can hire one for you.
An assault defense lawyer who knows Minnesota law can take action quickly, handling interactions with police and prosecutors to help protect your rights and build a strong case for your assault defense in Minnesota.
4. Navigate the Bail and Arraignment Process in Minnesota
After processing, you’ll likely be held until you can see a judge for an arraignment (your first court appearance). At the arraignment, the judge will read the charges against you and decide on bail.
In Minnesota, judges consider whether you are a threat to “public safety” or are a “flight risk” when setting bail. They’ll take into account many factors, including the severity of the assault charges against you.
Your attorney may be able to argue for a lower bail or “conditional release,” which would allow you to stay out of jail as long as you follow certain rules.
5. Share All the Details With Your Defense Lawyer
While you shouldn’t talk to the police, you should talk to your lawyer. It’s important to be completely honest with your attorney about the facts of your assault arrest so they can be fully equipped to defend you as you head toward a trial.
If your attorney knows all the facts—even the difficult truths—they can proactively build an assault defense in Minnesota that takes those facts into account. As soon as you’re able, tell your lawyer all the important details of your case, including:
- What happened leading up to the confrontation
- The names and contact information of any witnesses
- Whether you’re aware of any surveillance footage, including doorbell cameras or store security footage
- Whether you suffered injuries (if so, take photos immediately)
6. If There’s a No Contact Order, Respect It
Often in Minnesota assault cases, a no contact order is made a condition of release. If you are subject to one—officially called a Domestic Abuse No Contact Order (DANCO) or any other kind of restraining order—it’s important that you take it seriously.
Even if the other person reaches out to tell you they’re sorry or they’d like to drop the charges, do not respond. In Minnesota, assault victims don’t have the authority to drop charges. Only prosecutors can do that. Sending a text or showing up at the other person’s house can lead to an arrest for another crime.
Talk to a Lawyer About Strategy for Your Assault Defense in Minnesota
In the United States, people are innocent until proven guilty. An arrest is not a conviction, and Minnesota law provides protections for the accused.
There may be options in your case, including arguing self-defense, seeking a stay of adjudication or pushing for a dismissal. But the best way to increase your chances of beating the charges is to stay calm, stay silent and contact a lawyer as soon as possible.
At White Luing Law, our team will prepare a strong defense against any assault charges in Minnesota you face. Call 763-241-0477 or send us a message to schedule a confidential consultation about your case strategy. We’ll help you understand your options when it comes to assault defense in Minnesota.