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Introduction To Assault And Battery

Under Minnesota law, there is no criminal charge for assault and battery. Instead, Minnesota just has an assault charge, which contains both sides of what people commonly view as “assault and battery.” The state divides assault charges into five degrees of severity with escalating penalties.

Here at Jarvis-Fleming Law Ltd., our attorneys have been providing trusted criminal defense services in Minneapolis since 2002. Our lawyers bring decades of combined experience and dedication to our clients in every case. We are committed to assisting our community and helping individuals learn about their rights and defense options while protecting their rights.

Common Scenarios Leading To Assault And Battery Charges

It depends on the degree. The least severe – fifth degree assault – can happen when someone suffers bodily harm or when they are merely threatened with harm. This could happen during a domestic dispute or a physical altercation with a stranger. Examples include slapping someone or threatening to strike them, even if physical contact is never made. The most serious – first degree assault – happens when the person suffers serious bodily harm. These charges often involve the use of weapons like firearms or knives and may lead to serious injuries like traumatic brain injuries or spinal cord injuries.

Defending Against Assault And Battery Charges

One of the most common defenses to assault and battery is that it was a case of self-defense. If the other party was the aggressor, you do have a right to use reasonable force to protect yourself or a loved one. Another defense could be claiming a case of mistaken identity. Another party was involved in the assault, and you were mistakenly arrested, perhaps due to an inaccurate eyewitness account.

Your Rights After An Arrest

You have a right to remain silent and avoid incriminating yourself. You also have a right to a fair trial by a jury of your peers. In many cases, this should be a speedy trial, so there should not be any unreasonable delays. Moreover, you have a right to legal representation. You can have a lawyer on your side to help you navigate the criminal court system, submit documentation, present your case and defend your rights every step of the way.

Call For A Consultation

If you are facing assault charges in Minnesota, use the online form or call our experienced firm at 612-416-4911 to set up an initial consultation. We’re here when you need us most.