Assault and battery should not be taken lightly, as the injuries inflicted upon someone can be devastating. This is a crime of violence and is prosecuted by the legal system based upon the severity of the injured person and what the relationship is between the two parties.
Assault constitutes a person being threatened in some way, while battery is the actual attack. This is a terrible experience for the victim. However, there are some individuals who are falsely accused of an assault and battery crime. Perhaps this is due to retaliation, false identification, or some other reason. If you've been accused of assault and battery, it is important for you to understand the crime you have been charged with and to know that contacting a Minneapolis assault and battery attorney should be the first step you take toward achieving a favorable outcome in your case. Meshbesher & Associates can provide the help you need to defend your rights.
What Constitutes Assault & Battery?
Assault and battery can occur in a number of settings. People who have been mugged, raped, beaten or attacked in any way by a person intending to inflict harm upon them are victims of this crime. Not only are there physical injuries one must deal with in this situation, but there are emotional injuries as well.
When you've been accused of assault and battery, there must be adequate evidence before you can ever be convicted. You should know, however, that there are a number of incidents that can qualify as assault and/or battery. Your attorney will inform you of this and will work to put together a solid defense for you.
There are a number of classifications that assault is placed into, which help determine the penalties that must be paid.
Those classifications are:
- First-Degree Assault: The bodily harm inflicted on the victim must be great or deadly force used against a peace officer. The fines can be in excess of $30,000 with 20 years in prison.
- Second-Degree Assault: A dangerous weapon must have been used in the assault. The fines can be in excess of $14,000 along with seven years in prison.
- Third-Degree Assault: Substantial bodily harm is inflicted upon the victim. The fines can be in excess of $10,000 along with five years in prison.
- Fourth-Degree Assault: A peace officer, nurse, doctor, firefighter or other such employee is assaulted. This may be considered a gross misdemeanor with $3,000 in fines and one year in jail.
- Fifth-Degree Assault: In this case, assault has been committed with the intent to inflict bodily harm. Even causing fear in another can be considered a fifth-degree offense. This can result in fines and up to 90 days in jail.
If assault and battery is committed against someone in the household, then this is considered domestic assault. Physical harm or the threat of physical harm can be done to the victim. Due to the nature of domestic assaults, the penalties may be harsher than with a normal assault charge. But it should be noted that in Minnesota it is not required for a person to have physical contact with the victim.
Previous offenses can also aggravate the current offense and result in harsher penalties, so it is ideal that you have a Minneapolis assault and battery attorney working for you. The rest of your life could be severely compromised with domestic assault or any type of assault on your record.
A Team That’s on Your Side
If you have been accused of assault and battery, you need not admit guilt or say anything regarding your innocence. You need to contact your attorney first to protect your rights. A Meshbesher & Associates attorney will work by your side, informing you of your options as we evaluate your case and ensure your rights are not violated.
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