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Expert Assistance for Your Assault Charge

One can be charged with assault in Minnesota for intentionally causing harm to another or for causing fear of imminent harm. These charges are generally treated as more severe if the assault is alleged to have occurred against a person who lives with or is romantically involved with the defendant. Generally speaking, assault charges become more severe based on the level of injury to the alleged victim.

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Minneapolis Office 310 Fourth Avenue S #7000
Minneapolis, MN 55415 (612) 730-1738
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Understanding the Impact of 5th Degree Domestic Assault

While 5th degree Domestic Assault is only a misdemeanor it can have very significant and immediate effects on the Defendant. This is because in domestic situations defendants in domestic situations are often arrested at the scene from their home with little warning and held in custody until court. This can mean being held for several days, over the weekend or even through a long holiday. Then at court, as a precaution, the Court will routinely order a Domestic Abuse No Contact (DANCO) to be put in place that prohibits the Defendant from having any contact with the alleged victim, sometimes their mutual children and their home if the parties live together. This DANCO then usually remains in place for the pendency of the criminal case. While there are ways to avoid these orders or request that they be vacated they can be extremely debilitating.

Client Testimonials

Josh Johnson and his paralegal Megan were very caring and helpful during the whole 2 years of my personal injury claim. They kept me informed via email or phone or letter all along the way. I was very satisfied with the outcome and recommend them highly.

Elizabeth 5-star review
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Working With Us

A Simple, Clear, and Effective Process

Give us a call directly or fill out a form for a short intake conversation with us This will be followed by a more in-depth phone call to discuss the details of your case.

We’ll send you a contract via DocuSign for you to officially retain our services. Once you sign, we’ll get to work on your behalf.

Give us 6-8 weeks to gather evidence and begin to put the case together. We’ll be in regular communication with you.

Before contacting the government, we’ll review the evidence together to make sure everything is in order to move forward.

Recent Assault Case Results

April 2020 Reduced to Gross Misdemeanor, No Jail

Felony Domestic Assault

July 2019 Reduced to Misdemeanor Disorderly Conduct, No Further Executed Jail Time

Felony Domestic Assault

December 2018 Reduced to a Gross Misdemeanor

3rd Degree Substantial Bodily Harm – Assault Causing Broken Tooth

See Results & Testimonials

Providing You With Expert Attorney Advice

What Makes it a Felony Assault?

An allegation of Felony Assault can occur much more easily than most people realize. A small tussle can turn into a felony if the defendant brandishes a weapon of any kind or if any of the alleged victim sustains an injury beyond scratches and bruises. Generally speaking, any injury that requires any amount of medical care like stitches, broken bones, chipped teeth or concussions will result in felony charges. Oddly, it is also common that the person who wins the fight will also be the one who is charged with a crime. Because most fights do not happen in a vacuum the affirmative defense of Self-Defense is often implicated. However, it is important to remember that Minnesota is not a stand your ground state and the law requires a defendant to retreat from a fight if they are able unless they are in their own home.

“Experience matters – ask me how we can help.” - Josh Johnson

Compassionate Support, Powerful Results.

For me, practicing law has always been an affair of the heart. I care about my clients, their lives and the complexity of their circumstances. It is critical that every client share their side of the story and get a chance to explain their thoughts on what happened and what they think I may need to know about the case and their life in order to properly represent them. When desired by the client, input and support from friends and family is encouraged. I know that my success as an attorney is a result of not just my expertise but also the trust and meaningful professional relationships I have with my clients. One needs to know their clients well to represent them well.

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Experienced Criminal Defense Attorney Services

Serving the Greater Twin Cities Area

We have represented hundreds of clients facing criminal charges in the Twin Cities and surrounding areas. If you are looking for a defense attorney you can trust, our Minneapolis-based office is here to offer support, expertise, and professional guidance. No matter the circumstances, let us partner with you to attain the best possible results in your case.

FAQs

Questions? Answers.

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If you have been charged with a crime, the State must provide you notice by handing or mailing you a ticket (in misdemeanor cases), or a complaint (in felony or gross misdemeanor cases). If you have not received either of these, then you have not yet been charged with any crime.

If you have been charged with a crime of any kind (with the exception of some low-level traffic tickets) you will likely have to go to court.Petty misdemeanors are not crimes and you do not have to attend court to resolve them. To resolve a petty misdemeanor, you can generally call the court administrator in the county in which a ticket was issued and either pay a fine by phone or meet with a hearing officer to discuss the ticket. You can also call the court administrator in the county where the alleged offense occurred and ask if there is a court date scheduled for the case.

Generally speaking, first-time offenders do not serve jail time on low-level misdemeanor cases. However, aggravating circumstances can make serving jail time a possibility, because prosecutors and judges do take all of the facts of a case into account when reviewing the offense at hand. We can tell you if there is a realistic risk of serving jail during a free initial consultation. The basic sentencing parameters for offenses in Minnesota are:

Petty Misdemeanor Offenses—A petty misdemeanor is not a crime. The maximum punishment for a petty misdemeanor is a $300 fine plus any surcharges the county may add. You cannot go to jail for a petty misdemeanor.

Misdemeanor Offenses —A misdemeanor is punishable by a maximum fine of $1,000 and/or up to 90 days in jail.

Gross Misdemeanor Offenses— A gross misdemeanor is punishable by a maximum fine of $3,000 and/or up to 90 days in jail.

Felony Offenses— A felony carries a possible sentence of at least 366 days in jail and a maximum fine that is greater than $3,000.

Our firm has handled many 1st- and 2nd-degree felony and prison-commit cases. In these cases it is essential to find a way to avoid a prison sentence. In cases where the State’s admissible evidence is overwhelming clients, may benefit from motioning for a downward departure from a guideline prison sentence. Even in very serious cases, we have successfully motioned the court to change prison sentences to jail sentences of a year or less, been able to avoid jail entirely or have had the cases dismissed altogether. This is sometimes possible even when a mandatory sentence calls for prison or jail.

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