Twin Cities Criminal Defense

Domestic Assault Defense Lawyer

There are five levels of assault offenses under Minnesota law, and convictions for first and second degree assault generally result in commitment to prison. Fifth degree and first time domestic assault charges are generally misdemeanor level offenses, but can have strict consequences.

Specifically, U.S. Citizens convicted of a misdemeanor domestic assault face the loss of their 2nd amendment right to bear arms. A conviction for a misdemeanor domestic assault for a non-citizen, legal alien can result in immediate deportation by the INS.

I represented a young man several years ago who was charged with 2nd degree assault with a dangerous weapon in a western Minnesota County. Keep in mind that when a gun is brandished or displayed in an assault, there is a 3 year mandatory minimum prison sentence on a first offense under Minnesota Statute 609.11, even when the gun is not fired.


Serving the entire Twin Cities Metro Area

If a knife is brandished or displayed, but not used to physically attack anyone, then the mandatory minimum is at least one year on a first offense. Second offenses are treated more seriously. So, when a person has a weapon on them and is involved with an assault, it is a very serious situation even when the gun is not fired or the knife is not used to attack anyone. I reviewed all the reports in the case and did not see that any weapon had been used, other than fists. Based on that information, I was able to get the 2nd degree assault charge dismissed at a pretrial suppression hearing. Of course, a person has the right to defend himself and self defense often comes into play in assault cases, and is a valid defense in many cases. In this case mentioned above, my client had to serve some local jail time on a lesser charge, but he did not go to prison. This is the type of careful research, file review and workup that you can expect when you hire the Ohlenberg Law Office to represent you in an assault case.

Any person charged with an assault should immediately talk to an experienced attorney regarding possible legal defenses that may be applicable in his or her case. It is particularly important to contest the charges that have been filed in an assault case and to secure good legal representation.

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