As a criminal defense lawyer who has been working with people accused of assault for over 25 years, I can tell you two questions I have heard more times than I can count:
Unfortunately for thousands of Minnesotans who want to protect their right to hunt and own a gun, the answer to both of the questions above is YES.
You can be charged with assault even if you do not touch anyone, and you can lose your right to own a gun if you are convicted of domestic assault.
As explained above, you can lose your gun rights as the result of an assault conviction. Another situation where a misdemeanor assault charge can carry a heavy consequence is in the case of repeat assault charges against the same victim. A 5th degree assault is a felony in the following situations:
Do not let misdemeanor convictions turn into felony consequences. Contact Mark D Kelly Criminal Defense to ensure that your rights are protected and that every effort is made to keep convictions off of your record.
Interference with a 911 / Emergency Call
Another charge that I have seen people accused of assault face is interfering with an emergency call. This little known statute can add a gross misdemeanor charge that is punishable by up to a year in jail and a fine of up to $3,000. If you have been accused of assault and / or interfering with an emergency call do not hesitate to contact our office immediately.
When people are charged with 5th degree assault it often stemmed from some type of a physical confrontation. When someone is forced to defend themselves, it is often something that happens within seconds. When the police arrive they might be quick to just assign blame to whoever “seems” more responsible. This is when an experienced and hard-working attorney can track down witness statements and surveillance footage to show what really happened. I have represented people who were well within their rights of defending themselves but were still charged with assault. Don’t get labeled as a “violent offender” just because you were able to protect yourself.
While there are felony, gross misdemeanor and misdemeanor classes of assault charges, no assault charge should be taken lightly. If you have been charged with an assault, working with a lawyer to try to minimize the consequences, keep your record clean and keep you out of jail is critical. Do not waste another day waiting for your court appearance; contact our St. Paul office and get the help you need to resolve your assault case in the best way possible.
