EXPERIENCED REPRESENTATION

Minnesota Assault & Battery Attorneys

If you’re looking for the best defense for assault charges in the Twin Cities, you’ve come to the right place. Right now, you might be thinking that you don’t have options — but you’d be surprised. We’ve represented thousands of clients, all of whom started in the same position as you right now.

We’re here to help. We will be alongside you every step of the way to fight for your rights and help you navigate what can be a complicated and punitive system. Schedule a consultation to get started.

Schedule a free consultation

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

About the law

What are the elements of an assault in Minnesota?

In Minnesota, there are two types of assault:

Assault-fear:
the act of putting someone in fear of an attack or non-consensual contact. It requires the state to prove you did something to cause another to fear imminent bodily harm, which can be very difficult to prove.

Assault-harm:
physical contact that results in bodily harm or injury.

Assault charges can also stem from mutual altercations, or an altercation involving self-defense or defending another.

Schedule A Consultation

What are the degrees of assault crimes in Minnesota, and what punishments apply to each?

There are five degrees of assault under Minnesota law, which are based on the following factors and circumstances.

Fifth-degree Assault

The lowest level of assault is a misdemeanor. It is defined as an act with intent of causing fear of imminent bodily harm, or intentional attempt to inflict bodily harm upon another. Potential consequences: up to 90 days in jail, a $1,000 fine, or both.

Fourth-degree Assault

Defined the same as fifth-degree assault, but with an aggravating factor such as assault against a public servant, law enforcement officer, school official, or medical staff, or if the assault is discriminatory. It is a gross misdemeanor punishable by up to one year in jail and a $3,000 fine.

Third-degree Assault

An act that inflicts substantial bodily harm (temporary disfigurement, temporary loss or impairment of the function of a bodily member or organ, or the fracture of any bodily member). It can also include assault on a minor after engaging in a past pattern of child abuse, or any harm to a child under the age of four. It is a felony punishable by up to five years in prison and a $10,000 fine.

Second-degree Assault

Defined as assault involving the use of a firearm (even if it’s unloaded or temporarily inoperable) or any other item capable of causing serious bodily harm or death, such as a knife, baseball bat, flammable liquid, or motor vehicle. It is punishable by up to 20 years imprisonment and a $10,000 fine.

First-degree Assault

Defined as causing great bodily harm to the victim (harm leading to life-threatening injuries or a permanent disability), OR using deadly force against a police officer or employee of a correctional facility. The most serious assault charge carries a potential prison sentence of 20 years and a maximum fine of $30,000. 

Frequently Asked Questions About Assault

What if the victim of assault is a family member?

Minnesota law states that whoever commits an assault on a family or household member is guilty of domestic assault. To learn more, visit our domestic assault page.

What is the difference between aggravated assault and simple assault?

Simple assault generally involves either the threat of immediate harm or a physical act that results in minimal injuries, where aggravated assault may involve an assault resulting in serious bodily harm or an assault committed with some aggravating factor, like using a deadly weapon or against a police officer.

What is battery?

Assault and battery are generally interchangeable terms today. Historically, battery and assault were considered separate crimes, with battery requiring that the aggressor physically strike or offensively touch the victim. In that way, a battery was a "completed" assault. But most modern statutes don't bother to distinguish between the two crimes, and statutes often refer to crimes of actual physical violence as assaults.

What if I acted in self-defense?

Minnesota law does give citizens the right to defend against imminent threats of danger or assault. However, you must meet the burden of proof, which stipulates certain conditions that must occur for the act to be considered self-defense. Your attorney can help you build a case to prove that you acted in self-defense, rather than assault on the other party.

What should I do after being charged with assault?

The best thing you can do is meet with an attorney. You don’t have to talk to police before you have representation, and you shouldn’t do so if you want the best chance of lowering or dismissing your charges.

Can you be charged with assault without evidence?

No. The burden of proof falls on the prosecution, who must prove beyond a reasonable doubt that you are guilty of your crime. This means that the evidence presented and the arguments put forward by the prosecution establish your guilt so clearly that they must be accepted as fact by any rational person.

Next steps

Contact a Minnesota assault attorney right away

At Sheridan, Dulas & Kins, P.A., we always fight for the complete acquittal or dismissal of charges. An assault charge can upend your life, but with an experienced attorney by your side, it doesn’t need to define your future.

Schedule A Consultation
Reviews & tESTIMONIALS

Reviews For Sheridan, Dulas & Kins, P.A.

See what our clients are saying.

Rachel

Randall was professional and got better results than I anticipated! He has his client's best interests at heart and works hard to achieve outstanding results.

Anonymous

Mr. Sheridan knows his business well, very well. He fought like a pit bull to remove charges and shot holes thru a very shady officer's defense. We walked away with 1 yr probation. Thank You Sir for all you do!

Anonymous

One year ago today, l stepped over a line l thought l would never cross again. It would have been a much, much worse experience without the help, expertise, and guidance provided by Jeff Sheridan and the team at Sheridan & Dulas. Where there was hopelessness, Jeff provided hope. Where there was embarrassment and guilt, Jeff was nonjudgmental and without bias. Where there was fear of the unknown, Jeff provided a calming presence. Where there was a lack of know-how and knowledge on my part, Jeff provided the requisite skill and expertise to navigate the complexities of our legal and judicial system. Where there was great stress and feelings of foreboding, he helped to alleviate that strain. Jeff gave me back a normal life.

Anonymous

Was looking at a serious felony charge and my lawyer Randall Kins got it dropped down to a misdemeanor. I would not hesitate again to use him as my lawyer or as a recommendation for someone else. He handled the case professionally and never left me in the dark about my options.

Anonymous

I could not have asked for a better outcome with a committed lawyer. I would highly recommend Randall Kins to those who need the right representation. Thanks again Randall for the great job you have done.

Caleb

(I apologize in advance for my bad typing skills) This man was absolutely tremendous, I had a false OFP put against me from my ex-GF, she wanted to make me seem like a bad person and ruin my life where I would not see my kids for 2 years and it was an act of evil against me. I have never had a lawyer before and I took my chances with Randall Kins and prayed this was the lawyer to help me and he did tremendously. He was honest and respectful and professional to a T, he knew what to say and how to say it and had the face of a confident lawyer it really put my mind and heart at ease and my family to know he was that confident in the case and we WON, I get to keep my gun rights, see my kids with visitations and am no longer feeling down or depressed and I thank God for giving me a chance to meet an amazing man such as Randall Kins. Thank you so much Randall.

Peter

I am a retired college professor who ran into some legal issues late in life. I searched for and hoped to find a professional attorney, someone who is intelligent and knowledgable. The best thing I did was hire Randall Kins. He was not only intelligent and knowledgable, but he was well-versed in laws and courts and a nice, congenial attorney. I had two cases that Randall covered and both ended up very positively. I am in awe of someone who can maneuver their way through laws and the courts. Randall showed that he is well-trained and respectful. At every step, he was open and helpful and always kept me well-informed. My cases were somewhat unique and Randall waded through both of them. For neither case did I have to serve time in jail and it was because of Randall's skills and training and pure professionalism. I would encourage anyone to hire Randall. He is the real deal.

Anonymous

Mr. Kins was a fantastic attorney! I lived quite a distance from his office so most of the initial conversations were by phone which worked out wonderful for me since I requested it. Mr. Kins truly cared about me and my case and responded to all my phone calls no matter what time I called him. For someone who has never been in any kind of trouble, I was truly grateful for Mr. Kins. He explained everything to me and got me the best possible outcome I could have asked for. If anyone needs an attorney that will take a personal interest in your case and do the very best he can for you I highly suggest you hire Mr. Kins.

David

I contacted multiple attorneys in the south Metro before finding Mr. Randall Kins. During my consultation I immediately felt his compassion for my situation, and his determination to win for his clients. I hired him during that call. I had 8 felony charges each carrying a potential term of 5 years imprisonment. He quickly reached out to the prosecutor and started working my case, communication during the process was great, and his office easy to deal with. He did not tell me what I wanted to hear, was straight forward, and honest about my chances of a good deal. Mr.Randall Kins was able to have all 8 Felonies dropped or reduced to gross misdemeanors, I was not sentenced to serve time, I retain my rights, and most importantly it will not affect my job. Thanks to his amazing work, I can move on with my life. I would highly recommend Mr. Randall Kins to help with your case.

Bruce

I hired Attorney Randall Kins for a criminal matter involving a Felony. Not only did Attorney Kins handle this matter in my favor but did without even a court appearance from me. He was upfront from the start and remained very professional throughout. Thank you Attorney Kins.

Recent articles

Related Blog Posts

What does pleading guilty mean? Everything you need to know about pleas

What does pleading guilty mean? Everything you need to know about pleas

Accused of a crime? You’ll have to submit a plea of guilty, not guilty, or no contest. How can you learn which one is best for you? First, you’ll need to understand all of your options — and that’s where we can help.

Disorderly Conduct in Minnesota: What You Need to Know

Disorderly Conduct in Minnesota: What You Need to Know

What is disorderly conduct in Minnesota? What consequences can you expect? And what should you do if you’ve been charged? We answer all these questions and more in our blog post.

Do you have questions about your case?
Contact Sheridan, Dulas & Kins, P.A. Today

Complete the form below to schedule a consultation with an attorney. We look forward to serving you.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.