How to Beat a 2nd Degree Assault Charge in Minnesota begins when a heated argument or altercation spirals out of control. Before you know it, you’re being escorted away in handcuffs and charged with second-degree assault. The weight of the situation sinks in—this isn’t just a misunderstanding. It’s a serious felony charge with life-altering consequences.
Feeling overwhelmed by a second-degree assault charge? Understanding your defense options is the first step to reclaiming your future.
This post will:
- explain the law,
- outline potential defenses, and
- explain why experienced legal counsel is essential to protecting your rights and future.
Steps to Take Immediately After Being Charged
What you do after being charged can significantly shape your case outcome. These four steps set the foundation for an effective defense against second-degree assault charges:
- Remain silent. Anything you say can and likely will be used against you. Politely but firmly inform law enforcement that you will not discuss the case without an attorney present.
- Contact an experienced criminal defense attorney. A skilled lawyer knows how to strategically defend you against a 2nd-degree assault charge. They can present exculpatory evidence to the prosecutor, negotiate an advantageous resolution, or persuade them to reduce or dismiss the charges.
- Document everything. Write down your account of the incident while it’s fresh in your mind, and gather evidence supporting your version of events.
- Avoid contact with the alleged victim. Any attempt to communicate can be misinterpreted and harm your case.
It is essential to follow your lawyer’s advice and avoid any actions that could potentially worsen your situation. The goal is to protect your rights and resolve your case as favorably as possible.
What Is Second-Degree Assault in Minnesota?
Minnesota law defines 2nd-degree assault as inflicting substantial bodily harm upon another person or assaulting another with a dangerous weapon.
- Assault with a dangerous weapon. This charge involves using or attempting to use a dangerous weapon to cause fear or harm in another person.
- Assault with substantial bodily harm. If the assault causes significant injury to the victim, the penalties are even more severe.
Examples of dangerous weapons can be anything used to cause substantial bodily harm or death, including firearms, knives, or even everyday objects.
Substantial bodily harm means physical injury that involves a temporary but significant disfigurement or temporary but significant loss or impairment of any bodily member or organ.
Understanding the Stakes: Punishment for 2nd-Degree Assault Charge in Minnesota
A second-degree assault charge is classified as a felony, and the penalties are severe:
- Standard second-degree assault—maximum of 7 years in prison and fines up to $14,000; and
- Second-degree assault with substantial bodily harm—up to 10 years in jail and fines up to $20,000.
The actual sentence the judge imposes depends on several factors, including the severity of the injury, the defendant’s criminal history, and the specific circumstances of the offense.
Beyond the legal penalties, a conviction can have lasting consequences, affecting your employment, housing, and other aspects of your life.
These penalties highlight the importance of knowing how to get a 2nd-degree assault charge dropped or reduced. But beating the charge requires a well-planned legal strategy.
Key Defenses: How to Beat a 2nd-Degree Assault Charge in Minnesota
Every case is unique, but several defense strategies could effectively challenge a second-degree assault charge.
Self-Defense
This can be a valid defense if you acted to protect yourself or someone else from imminent harm. For instance, if you were defending yourself during a bar altercation where a bottle was used as a weapon, the context of your actions becomes crucial in your defense.
You’ll need to demonstrate:
- You had a reasonable belief that you were in immediate danger, and
- Your response was proportional to the threat.
Minnesota law allows individuals to defend themselves, but proving self-defense requires clear evidence and a compelling argument.
Defense of Others
Similar to self-defense, if you intervened to protect another person from harm, your actions could be legally justified. The same criteria apply—the threat must be immediate, and your response must be proportionate to the threat.
Lack of Intent
Intent plays a crucial role in assault cases because it determines whether the actions were intentional or accidental. The prosecution must prove that you intended to cause substantial bodily harm or to assault with a dangerous weapon. If you didn’t intend to harm or threaten the other person, your attorney might argue that the act was accidental or misunderstood.
False Accusation or Mistaken Identity
Sometimes, individuals are wrongly accused due to mistaken identity or false allegations. If there’s evidence suggesting you weren’t the person responsible or the victim is fabricating the incident, this can be a powerful defense.
Insufficient Evidence
The prosecution must prove your guilt beyond a reasonable doubt—which is the highest burden of proof in litigation. If the evidence is weak or inconsistent, your attorney can argue that there’s not enough to convict you and seek dismissal or acquittal.
Potential Outcomes: What Success Looks Like
While each case is unique, here are the potential outcomes we strive for:
- Charges dropped. If the prosecution’s evidence is weak or procedural errors occurred during the investigation, we may get the charges dismissed.
- Reduced charges. Through negotiation, we may secure a plea deal to reduce the charge to a lesser offense, resulting in lighter penalties.
- Advantageous plea deal. If the evidence is strong, we can negotiate with the prosecutor to get an advantageous plea deal with significantly lighter penalties than you’d face if you took the case to trial and lost.
- Acquittal at trial. If you decide you want to take the case to trial, we aim for a not guilty verdict. We do this by challenging the testimony and evidence, strategically presenting exculpatory evidence, and presenting compelling arguments that reasonable doubt exists.
Ultimately, success in your case depends on strategic legal representation and strong advocacy.
Future on the Line? We Defend It
When your freedom is on the line, you deserve attorneys who will fight like their own freedom is at stake. At Arechigo & Stokka, we believe everyone deserves a strong defense, and we are ready to provide it for you.
Your story isn’t over—it’s just beginning a new chapter. Let us be the shield and sword in your fight for justice. Contact us by using our secure contact form or calling us at 651-222-6603 today for a free consultation and take the first step toward reclaiming your future.
Frequently Asked Questions
Can a Second-Degree Assault Charge Be Reduced to a Misdemeanor?
While second-degree assault is a felony, it’s possible to negotiate the charge down to a misdemeanor, particularly if the evidence is weak or mitigating factors are present. A skilled attorney can explore plea bargains or alternative resolutions.
What Role Do Witnesses Play in a Second-Degree Assault Case?
Witnesses can significantly influence the outcome of your case. Credible witnesses may support your defense, while inconsistent testimonies from the prosecution’s witnesses can weaken their case.
Can I Expunge a Second-Degree Assault Charge From My Record?
Expungement of felony convictions in Minnesota is challenging but not impossible. The process depends on the outcome of your case, the time elapsed since the offense, and other factors. Consulting an attorney can clarify your options.
Resources:
Minn. Stat. § 609.02, link
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