Facing accusations of assault in the first degree? Get a Moorhead criminal assault lawyer if you have been charged with the crime of 1st Degree Assault in Moorhead or elsewhere in the state of Minnesota. The stakes are so extraordinarily high with a 1st Degree Assault charge that you should almost assume that, absent a killer defense or a sheer stroke of luck, time in prison may be a possibility. No matter how the charges arose, criminal charges in Minnesota not to be taken lightly. Having an attorney on your side is imperative.
1st Degree Assault Crimes in Moorhead, MN
First degree assault is always a felony offense in Minnesota and is codified under Minn. Stat. § 609.221. There are two scenarios in which a person can be charged with first degree assault in Minnesota:
- By causing great bodily injury to another person
- By using or attempting to use deadly force against a peace officer, prosecuting attorney, judge, or correctional employee
The definition of the crime and penalties will vary depending on which of the two types of assault in the first degree the person is charged with:
Minnesota 1st Degree Assault (Great bodily harm): Whoever assaults another and inflicts great bodily harm may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $30,000, or both.
Minnesota 1st Degree Assault (Use of deadly force against peace officer, prosecuting attorney, judge, or correctional employee): Whoever assaults a peace officer, prosecuting attorney, judge, or correctional employee by using or attempting to use deadly force against the officer, attorney, judge, or employee while the person is engaged in the performance of a duty imposed by law, policy, or rule may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $30,000, or both and shall be committed to the commissioner of corrections for not less than 10 years. A defendant convicted and sentenced as required by this paragraph is not eligible for probation, parole, discharge, work release, or supervised release, until that person has served the full term of imprisonment as provided by law.
“Great bodily harm” means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm.
Even if you think your case is one of self-defense or that the victim won’t show up to court, the reality remains that you have been charged with 1st Degree Assault in Minnesota. Having a Moorhead criminal defense lawyer who will stand by your side and fight tooth-and-nail for your interests is of the utmost importance. The defenses may be plentiful, but the time to assert them is very limited. Call today to speak with a local attorney. There is no, single “best Moorhead assault lawyer,” but there are many attorneys who can help.
Additional Jail Time for Hate Crimes in Minnesota
An assault committed because of the victim’s or another person’s actual or perceived race, color, religion, sex, sexual orientation, disability age, or national origin is subject to a statutory maximum penalty of 25 percent longer than the maximum penalty otherwise applicable. This is Minnesota’s hate crime statute and it is applicable to all first, second, and third degree assault cases in Moorhead, Minnesota.
Moorhead, Minnesota Criminal Defense Attorney for 1st Degree Assault Charges
A fight is just a fight until somebody gets hurt. But when great bodily harm arises or deadly force is used, that fight is likely to become a criminal charge for 1st Degree Assault in the state of Minnesota. A Moorhead criminal defense lawyer who understands these charges (and their defenses) may be able to help you navigate your case in a more competent and effective manner. Trained in the law, a criminal defense lawyer can guide you through your case and answer questions you may have, such as the following:
- What if I was acting in self-defense but was charged with assault?
- Is going to prison after a 1st Degree Assault in Minnesota a possibility?
- How much does a criminal defense lawyer cost in Moorhead, MN?
- Can I purchase a gun or vote in the future?
- Are there options for me to avoid imprisonment? What if I can’t afford a lawyer?
- Should I hire a local criminal defense attorney in Moorhead?
A free, 15-minute phone consultation with a Moorhead, MN criminal defense lawyer who understands 1st Degree Assault charges is in order. This will serve as your opportunity to learn about the potential criminal penalties, defenses, and the road ahead. Representing yourself in Clay County, Minnesota without an attorney is often a grave mistake. It’s time to talk to a lawyer who knows how to handle criminal assault charges throughout Minnesota.