What Is 3rd-Degree Assault and Battery in MN?
1 year ago by Brian
A 3rd-degree assault and battery charge in Woodbury or St. Paul usually involves causing severe bodily harm to someone else. This charge also may include an assault on a minor.
In either case, 3rd-degree assault and battery is a serious charge and requires the help of an excellent criminal defense attorney.
A 3rd-degree assault charge does not usually have the same punishments as more severe felony assault charges. However, this charge is still serious, and state prosecutors will go for the maximum sentence.
Minnesota 3rd-Degree Assault Charges
Minnesota state law says that you have committed 3rd-degree assault when you assault someone else and cause ‘substantial bodily harm.’
Assault is causing bodily harm or trying to cause fear of harm in another person. ‘Substantial bodily harm’ under the law refers to an injury that causes disfigurement, impaired function, or a fracture anywhere in the body.
‘Substantial bodily harm’ refers to a state higher than ‘simple bodily harm.’ However, it also means less than ‘great bodily harm.’ Some injuries that can cause substantial bodily harm include:
- Black eyes
- Bloody nose
- Loss of consciousness
Third-degree assault in Minnesota also comes into play if you assault a minor and committed child abuse against them in the past.
Minnesota 3rd-Degree Assault Penalties
If you are convicted of Third– degree assault, you can receive up to five years in state prison and a fine of up to $10,000. However, some people are not given the entire prison sentence if it’s a first offense.
You could be offered probation if you have an excellent criminal defense attorney fighting for your rights.
However, a conviction on this severe charge can cause serious problems in your life. An assault conviction will show up on your criminal record. This could lead to future employment, housing, and professional licensing issues.
That’s why it is imperative to retain a highly skilled Woodbury criminal defense lawyer.
Third-Degree Assault And Battery Defenses
Your Woodbury and St. Paul criminal defense attorney can offer several defenses, depending on the case circumstances.
One of the most common is self-defense. This is where you would claim the alleged victim was the aggressor, and you used reasonable force to stop the attack.
A significant benefit of this defense is the state has to prove beyond a reasonable doubt that you didn’t act in self-defense.
Another possible defense is you were trying to defend someone else, you were intoxicated, or you simply didn’t commit the crime.
If the case involves assault against a child, your attorney could focus on your lack of a criminal record and a lack of past child abuse charges.
A skilled assault and battery attorney will look into the allegations, investigate if needed, and see if there were witnesses to the alleged attack. If there were no witnesses, the DA’s case would be weaker.
Contact A Woodbury And St. Paul Criminal Defense Attorney Today
If you were arrested for a 3rd-degree assault in St. Paul or Woodbury, you need an experienced criminal defense attorney to fight for you. JS Defense, PA, will work tirelessly to obtain the best case result. Contact JS Defense, PA, today with our contact form. Call: 952.945.7824