South St. Paul Assault with a Weapon Attorney
Defense for Assault with a Weapon Charges in Dakota and Washington Counties
In Minnesota, assault with a weapon occurs when a person injures, attempts to injure, or threatens to injure another person with any object that can be considered a weapon. This offense is classified as a felony.
If you’ve been charged with assault with a weapon, it is important to seek the representation of our experienced South St. Paul weapons charge lawyers. Even if there is merit to the charges, the right defense is a crucial tool for securing the best possible outcome in the case.
Call our South St. Paul assault with a weapon lawyers at (651) 413-9004 or contact us online today.
What are the Potential Penalties for Assault with a Weapon?
Penalties can vary widely depending on several factors, including the specifics of the case, and the severity of the offense.
Here is a general overview of potential penalties:
- Imprisonment: Assault with a weapon is typically classified as a felony, which can result in significant prison time ranging from 1 up to 20 years. In some cases, particularly if no serious injury occurred and the weapon was not used aggressively, the charges may be classified as a misdemeanor, which generally results in shorter jail time, usually up to 90 days.
- Fines: A conviction can result in substantial fines, which vary depending on the specifics of the offense. Fines can range from $3,000 to $30,000.
- Probation: Involves regular check-ins with a probation officer, adherence to certain conditions, and possibly community service.
- Restitution: The court may order the defendant to pay restitution to the victim for any medical expenses, lost wages, or other damages resulting from the assault.
- Mandatory Counseling: Courts may require participation in counseling or anger management programs as part of the sentence, especially if the assault involved issues of domestic violence or recurrent aggression.
- Community Service: This may be ordered as part of the sentencing, either as a standalone penalty or in conjunction with other penalties.
- Loss of Rights: A felony conviction for assault with a weapon often results in the loss of the right to possess firearms or ammunition. Conviction may impact the ability to vote, hold certain professional licenses, or obtain certain types of employment.
- Criminal Record: A conviction will result in a permanent criminal record, affecting various aspects of life, including employment opportunities, housing, and other personal and professional aspects.
If the assault involved particularly serious harm, the use of a deadly weapon, or if it was committed against a protected individual (e.g., law enforcement officers), penalties may be enhanced, leading to more severe sentences.
What Defenses Can Be Used Against Assault with a Weapon Charges?
Defending against assault with a weapon charges involves various legal strategies tailored to the specifics of the case. Here are some common defenses that might be used:
- Self-Defense
- Defense of Others
- Lack of Intent
- False Accusations
- Involuntary Actions - Claiming that any actions involving the weapon were accidental or unintentional.
- Illegal Search and Seizure
- Insufficient Evidence
- Psychological Defense - Arguing that the defendant was suffering from a mental illness or impairment that affected their ability to understand or control their actions at the time of the incident.
In assault with a weapon charges, the term "weapon" can encompass a wide range of objects, including firearms, knives and blades, blunt objects, explosive devices, self-defense tools, improvised weapons and household items such as rolling pins or wrenches.
For expert legal assistance with assault with a weapon charges, call our South St. Paul lawyers at (651) 413-9004 today.
Can Assault with a Weapon Charges Be Reduced or Dismissed?
Depending on the case's specifics, charges may be reduced or dismissed through plea negotiations, evidence challenges, or demonstrating lack of intent. Our South St. Paul assault with a weapon attorneys can help negotiate favorable outcomes or seek dismissals.
How Rogosheske, Rogosheske & Atkins, PLLC Can Help You Face Assault with a Weapon Charge?
Facing assault with a weapon charge can be daunting, but our experienced attorneys can provide invaluable assistance in several ways:
- We thoroughly review the evidence against you, including police reports, witness statements, and any physical evidence, to identify weaknesses in the prosecution’s case.
- We craft a personalized defense strategy, such as self-defense, lack of intent, or challenging the legality of evidence.
- We guide you through the complex legal processes, including court procedures, filings, and deadlines, ensuring that you comply with all legal requirements.
- We can represent you in court, presenting your defense, cross-examining witnesses, and challenging the prosecution’s case.
- We negotiate with prosecutors for a reduced charge or lesser sentence, potentially leading to a more favorable outcome, such as a plea deal or reduced penalties.
Our South St. Paul assault lawyers ensures that you are treated fairly throughout the legal process, defending against any unfair practices and advocating for your best interests.
Don’t face assault with a weapon charges alone. Reach out to us at (651) 413-9004 or contact us online for a legal consultation.
What Sets Us Apart
Our team of skilled and understanding professionals proudly provides comprehensive and efficient services for all Clients.
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Serving St. Paul Since 1948
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Over 50 Years of Collective Experience
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Tens of Thousands of People Helped
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Hundreds of Jury Trials Handled
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Highly Involved in the Local Legal Community
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Prepare Every Case for Trial
Minnesota Dangerous Weapon Laws
Under Minnesota law, according to Section 609.66, dangerous weapons are defined as:
- Loaded or unloaded firearms,
- Objects designed to be used as weapons with the purpose and capability of causing great bodily harm or death,
- Fire used to caused great bodily harm or death, and
- Any object or substance used with the intent to cause great bodily harm or death
Specific types of dangerous weapons include shotguns, clubs, knives, handguns, baseball bats, and gasoline.
Great bodily harm is defined as harm that can cause a serious risk of death or causes lasting impairment. For instance, severe burns caused by an intentional fire or wounds caused by a gunshot would be considered great bodily harm.
Minnesota Assault with Dangerous Weapon Penalties
Assault with a weapon can result in harsh conviction penalties and a criminal record. Generally, the offense is punishable by up to 7 years in prison and/or a fine of up to $14,000. If substantial bodily harm was caused, a conviction could lead to a maximum of 10 years in prison and/or a fine of up to $20,000.
If the assault was committed against a law enforcement officer or correctional officer, the penalties could be even more severe. In this case, the prison term could be up to 20 years, and the fine could be a maximum of $30,000.
With an experienced St. Paul weapons charges attorney representing you, you will have the guidance you need. You will know what to expect and will have an advocate in your corner who wants to see you move forward with your life as soon as possible.
