2nd Degree Assault in Minnesota
What Is 2nd Degree Assault in Minnesota?
2nd degree assault occurs when the assault involves the use of a dangerous weapon. Under Minn. Stat. § 609.222, whoever assaults another with a dangerous weapon may be charged with assault in the second degree. For a more comprehensive breakdown of what is considered a ‘dangerous weapon,’ read the blog here.
For the dangerous-weapon offense under subdivision 1, bodily injury is not an element of this crime. This is a felony-level offense and carries a maximum penalty of not more than seven years in prison and/or a fine of not more than $14,000. But, if the assault results in substantial bodily harm to the victim, such as a broken bone, the maximum penalty is not more than ten years in prison and/or a fine of not more than $20,000.
What Defenses May Be Available for a 2nd Degree Assault Charge?
There are a number of defenses possibly available for a 2nd Degree Assault, all of which are dependent upon the circumstances of the case. This is why it is critical to hire a Minnesota assault attorney that will develop a personalized legal strategy, tailored to your case.
One of the more common defenses is self-defense, where the alleged victim was the initial aggressor and you only used enough reasonable force to stop the aggressor. One significant benefit of the self-defense claim is that the State carries the burden of proving you were not acting in self-defense.
Other common defenses include, but are not limited to, defense of others (similar to self-defense, but you are protecting a family member or close friend), defense of property, consent, necessity, intoxication, and alibi.
Why Does the Investigation Matter in a 2nd Degree Assault Case?
Beyond raising these common defenses, any good Minnesota assault attorney will investigate the allegations, hire an investigator if necessary, and figure out just how compliant the complaining victim is to the State. If witnesses are unavailable, the State’s case becomes exponentially weaker.
It is critical that you contact us now to get us started on your defense right away. Any assault conviction can lead to devastating consequences. You need a Minnesota assault attorney who is Not Always Minnesota Nice fighting for you, contact us now.
Case Results
To see just how successful our approach is, here are some representative case results:
State v. D.B.
Charges: 2nd Degree Assault and First Degree Riot – Felonies
Resolution: Conviction on Receipt of Stolen Property. The client in this case, with a lengthy and troubling criminal history, faced a sentence of effective life in prison, had Hernandizing and other components been left to a judge to compile. Rather, Mr. Adkins worked with a thoughtful prosecutor to reduce the client’s exposure to the sixty months he’d necessarily face as a felon handling a gun (in this case, shooting up a party where he’d been assaulted only moments before), with a count of offense being one that keeps the client eligible for Boot Camp–and a potential return home only six months out, rather than a DECADE. If you have an unfortunate prior record, for felonies, for violence, or merely for traffic violations, and your new case means trouble, call Dan Adkins and North Star NOW. There is no time to waste, and there is no time that MUST be served, if you and Dan can coordinate your defense.
State v. M.M.
Charges: Threats of Violence, Felony (and Second Degree Assault pending charge, if a trial demanded)
Resolution: Case out of Washington County was dismissed on day of trial. Intense investigation led to a rapid dissolution of the State’s case, preserving a perfect lawful record of a talented professional man. A voluntary confession wasn’t the massive hurdle it generally would be, after North Star’s efforts came to bear on the case; however, this matter and so many others do point up how absolutely vital, how critical it is to get strong legal representation at the outset of your case, before you even know you are a target. Always, ALWAYS demand to be represented by counsel when questioned by police or prosecutors, simply always. The lawyers at North Star are available 24/7/52 to assist you, at your beck and call. Do not act alone, or you may find yourself sitting alone, making hard choices the wrong way. This was the third of three perfect results, same morning.
2nd degree assault occurs when the assault involves the use of a dangerous weapon. Minnesota’s statute says that whoever assaults another with a dangerous weapon may be sentenced under Minn. Stat. § 609.222.
For the dangerous-weapon offense under Minn. Stat. § 609.222, subd. 1, bodily injury is not an element of the crime. The statute separately increases the maximum penalty when the assault with a dangerous weapon also inflicts substantial bodily harm.
Under Minn. Stat. § 609.222, subd. 1, assault with a dangerous weapon carries a maximum sentence of not more than seven years in prison. The court may also impose a fine of not more than $14,000, or both imprisonment and a fine.
If the assault involves a dangerous weapon and inflicts substantial bodily harm, the maximum penalty increases. Under Minn. Stat. § 609.222, subd. 2, the sentence may be not more than ten years in prison and/or a fine of not more than $20,000.
Common defenses may include self-defense, defense of others, defense of property, consent, necessity, intoxication, and alibi. Which defenses apply depends entirely on the circumstances of the case.
Self-defense may apply when the alleged victim was the initial aggressor and you used only enough reasonable force to stop the aggressor. One significant benefit of a self-defense claim is that the State carries the burden of proving you were not acting in self-defense.
A good Minnesota assault attorney will investigate the allegations, hire an investigator if necessary, and figure out how compliant the complaining victim is to the State. If witnesses are unavailable, the State’s case becomes exponentially weaker.
Any assault conviction can lead to devastating consequences. Early legal representation allows the defense to begin investigating, locating witnesses, and developing a personalized legal strategy right away.
North Star Criminal Defense – Proven Success in Fighting Assault Charges
The Minnesota assault lawyers at North Star Criminal Defense have over 45 combined years of successfully defending against assault charges of all degrees and throughout multiple jurisdictions, including federal courts in multiple states. We know the law, the defenses, and the strategy necessary in order to obtain resolutions that avoid convictions and jail time. We have helped countless clients overcome these debilitating charges and get back on their feet. If you have been accused of any type of assault charge, you need to contact us right away.