Frequently, assaults are little more than verbal arguments which got a little too heated. Nevertheless, Crow Wing County assault charges are very serious. In addition to direct consequences, like intensive court supervision, assault has significant indirect consequences, mostly regarding immigration and family law matters.
The best way to deal with such charges is to work with the aggressive Brainerd assault lawyers at Carlson & Jones. Frequently, the state’s evidence is mostly circumstantial. So, we assertively poke holes in the state’s case, in order to create reasonable doubt. This approach helps us successfully resolve most of the assault cases we handle.
Types of Assault
There are essentially three types of assault in Minnesota. Generally, prosecutors press the most aggressive charges which the facts can possibly support.
Assault by Contact (ABC)
This is essentially a common law battery. This infraction is a harmful or offensive touch. As such, injury is not an element of this offense, and neither is malice. The state must only prove the assault was not accidental. Prosecutors almost never file these charges, since the punishment was so light. However, Brainerd assault lawyer often convince prosecutors to reduce weak assault cases to ABC.
Assault with Injury (AI)
This is the most common assault charge in Minnesota. If the alleged victim required first aid for a cut, bruise, or other such injury, prosecutors usually file AI charges. These charges are usually misdemeanors.
This felony is a status crime, injury crime, or a usage crime. Some people, such as first responders, are in a protected class. Even if they are not seriously injured, aggravated assault charges might hold up in court. These charges could also apply if the defendant sent the alleged victim to the hospital. Finally, if the defendant used a dangerous weapon, aggravated assault charges are usually appropriate. Minnesota law broadly defines dangerous weapons to include things like golf clubs, frying pans, or almost any other household object.
Brainerd Assault Lawyers and Possible Defenses
Delay is one of the most effective assault defenses. Alleged victims often lose interest in the case or move outside the court’s subpoena range. Prosecutors can still pursue these cases, but it’s not easy to do so.
Intent is not very important in ABC and AI cases. However, it is important in many aggravated assault cases. Frequently, aggravated assault is a specific intent crime. The state must prove the defendant intended both the conduct (assault) and the result (serious injury). That’s a lot of moving parts.
Call a Brainerd Assault Attorney Today to Schedule a Free and Confidential Consultation
It is important for victims to realize that all levels of assault are serious and punishable by law. It is best to not entrust your assault case to just any lawyer. Work with an attorney who is well-acquainted with assault laws, the legal system, and the court processes. For a free consultation with an experienced Brainerd assault lawyer, contact Carlson & Jones, P.A. at (855) 215-6866. The sooner you call us, the faster we start working to bring you the desired results.
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Contact the Minnesota Personal Injury, Family Law and Criminal Defense Attorneys of Carlson & Jones, P.A., today and start your free case evaluation by filling out our simple online form or by calling our office at (855) 889-4047.