Eden Prairie Assault Defense Lawyer
Accused of Assault Charges in Eden Prairie, FL
Assault charges in Minnesota can lead to serious penalties, including jail time, heavy fines, and a permanent criminal record. If you are facing an assault charge in Eden Prairie, MN, it is critical to have an experienced attorney by your side. At Caplan & Tamburino Law Firm, P.A., our skilled assault defense lawyers have years of experience successfully defending clients against a wide range of assault charges. We understand the complexities of Minnesota assault laws and will work diligently to protect your rights and achieve the best possible outcome for your case.
Take advantage of a free initial consultation when you contact our firm at (612) 444-5020.
What is Considered Assault in Minnesota?
Under Minnesota law, assault is broadly defined as any intentional act that causes fear of immediate bodily harm or an actual physical attack. This can include a wide range of behaviors, from threatening someone to physically striking them. In Minnesota, there are several degrees of assault, which vary in severity depending on factors such as the extent of the victim’s injuries, whether a weapon was used, and the intent of the alleged perpetrator.
Minnesota law classifies assault into two main categories:
- Assault causing fear of harm: This occurs when someone intentionally causes another person to fear they will be harmed.
- Assault causing physical harm: This involves actual physical contact that results in bodily injury.
In addition to these two categories, Minnesota also recognizes domestic assault, which occurs when the alleged victim is a family member, household member, or intimate partner of the accused.
Common Types of Assault Charges
In Minnesota, assault charges are categorized based on the severity of the offense and the circumstances surrounding the alleged incident. The most common types of assault charges include:
- First-Degree Assault: First-degree assault is the most serious type of assault charge and involves causing great bodily harm to another person. This degree of assault may also apply if a deadly weapon was used in the commission of the offense. A conviction for first-degree assault can result in up to 20 years in prison and fines up to $30,000.
- Second-Degree Assault: Second-degree assault occurs when a person assaults someone with a dangerous weapon, such as a knife, gun, or other deadly object. If the assault results in substantial bodily harm, the penalties are even more severe. A conviction can lead to up to 10 years in prison and fines of up to $20,000.
- Third-Degree Assault: Third-degree assault involves causing substantial bodily harm to another person. This charge is often applied when the victim suffers significant injuries, such as broken bones or serious bruising. A conviction can result in up to 5 years in prison and fines up to $10,000.
- Fourth-Degree Assault: Fourth-degree assault typically applies to assaults committed against certain protected individuals, such as police officers, firefighters, or teachers. It can also apply in cases where the assault is motivated by bias or prejudice. Penalties for fourth-degree assault can include up to 3 years in prison and fines up to $6,000.
- Fifth-Degree Assault: Fifth-degree assault is the least serious type of assault charge and involves either intentionally causing fear of harm or intentionally inflicting bodily harm on another person. Even though this is a misdemeanor charge, a conviction can still result in up to 90 days in jail and fines up to $1,000. Repeated offenses can elevate this charge to a felony.
Legal Defenses to Assault
At Caplan & Tamburino Law Firm, P.A., we are committed to thoroughly investigating the facts of your case and developing the most effective legal strategy for your defense. There are several legal defenses that may be applicable to assault charges, depending on the circumstances of your case:
- Self-Defense: One of the most common defenses to an assault charge is self-defense. In Minnesota, individuals have the right to protect themselves if they believe they are in imminent danger of being harmed. To successfully use self-defense as a defense, you must demonstrate that your actions were reasonable and necessary to prevent harm to yourself.
- Defense of Others: Similar to self-defense, Minnesota law allows individuals to use reasonable force to protect others from harm. If you were acting to defend another person from an assault, this defense may be applicable.
- Lack of Intent: In some cases, assault charges may arise from accidents or misunderstandings. If it can be proven that you did not intend to cause harm or fear, this could be a valid defense. Assault requires intentional action, so proving the lack of intent can be a strong strategy for your defense.
- Consent: In certain situations, the alleged victim may have consented to the physical contact. For example, if the incident occurred during a consensual fight or sporting event, the defense of consent may be used to argue that the conduct was not criminal.
- Insufficient Evidence: The prosecution has the burden of proving every element of the assault charge beyond a reasonable doubt. If there is insufficient evidence to support the charges, we will challenge the prosecution’s case and seek to have the charges reduced or dismissed.
We understand that every case is unique, and we are committed to providing personalized, aggressive representation to protect your rights.
Call (612) 444-5020 or contact us online today to schedule your free consultation!
What Should I Do If I’VE BEEN ARRESTED?
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1. Don’t Talk to the Police!
It’s crucial to know that while you should remain respectful with authorities, you have the right to remain silent. This a right protected by the Fifth Amendment of the U.S. Constitution, which makes it clear individuals are protected from being compelled to be a witness against him / herself in criminal matters.
It’s important to note that:
- Talking will not help you avoid an arrest. If law enforcement has probable cause to arrest you, then they will arrest you.
- By speaking, you risk making a confession or providing information that can be used to indict you, even unknowingly.
- Even if you feel that information being discussed is “harmless,” it is still in your best interest to invoke your Fifth Amendment right.
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2. Ask for a Lawyer!As soon as you can you should elect your right to have a defense attorney present. A Minnesota criminal defense lawyer or public defender can ensure the police do not violate your rights and help you avoid saying anything incriminating during questioning. Caplan & Tamburino Law Firm is available 24 hours a day, seven days a week, so that we can be by your side whenever you need us. Call now!
MAKING A DIFFERENCE FOR OUR CLIENTS
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“I don’t know where I’d be without his help”
“I would like to outwardly thank Tyler Dahlen for helping me get through my situation”- P.V. -
“I'm deeply thankful for the team at Tamburino Law Group”
“I would like to express my sincere gratitude to Hannah for her expert guidance and representation throughout the case.”- D.Y. -
“Thank you and your law firm, Mr. Tamburino.”
“If ever I have anyone who needs a lawyer I will most definitely recommend you and your firm.”- C.V. -
“Outstanding and professional”
“Thank you for everything you have done to help me with this court case.”- J.B. -
“Great care and compassion.”
I don't know any lawyers who would do what Tamburino Law Group did for their client. Their care and concern show a great deal about their heart and compassion for others. Thank you for being so supportive.- R.H. -
“This settlement changed my life.”
I came to Tamburino Law Group in 2018 after a severe accident left me unable to work and in constant pain. The firm helped me secure a $700,000 award, far exceeding my expectations. Their tireless efforts have completely changed my life, covering medical bills and future wage loss.- K.M. -
“I cannot thank you enough for your help!”
“Your patience, knowledge and especially your attention to detail was admirable.” -
“This settlement has completely changed my life.”
“This settlement has completely changed my life. I appreciate Joe and Hannah’s tireless effort.”- K.M.
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Case Dismissal Assault Charges
Attorney Joe Tamburino represented a client in Anoka County on multiple assault charges involving multiple alleged victims. Joe litigated the matter for almost a year, and on the day of trial he got the case dismissed. His client was very happy.
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Reduction of Charges Felony Theft
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Case Dismissed Felony Stragulation
Attorneys Hannah Martin and Hillary Parsons represented a client who was accused of felony strangulation and misdemeanor domestic assault.
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No Executed Jail Time Criminal Sexual Conduct 3rd Degree
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Case Dismissed Formal Title IX Hearing Avoided
REAL PEOPLE. REAL RESULTS.
- Assault Charges
- Felony Theft
- Felony Stragulation
- Criminal Sexual Conduct 3rd Degree
- Formal Title IX Hearing Avoided