Assault / Domestic Assault
Ambrose Law Firm, PLLC handles all types of assault cases. Whether it is Fifth Degree Domestic Assault or Assault in the First Degree – Great Bodily Harm. Cases involving violence often invoke emotions and highly stressful situations. Attorney Robert H. Ambrose understands this type of atmosphere and is here to help you and your loved ones through it.
Additionally, the National Trial Lawyers Organization named Attorney Robert H. Ambrose a Top 40 Under 40 Trial Lawyer for 2014 and 2015. Attorney Ambrose has also appeared in nearly half the counties in the state of Minnesota representing clients charged with various offenses.
Below is more information about the types and levels of this offense:
Domestic Assault as a misdemeanor has a maximum sentence of up to ninety days in jail and a $1,000 fine. A person faces this possible punishment if they commit the following against a family or household member:
- intentionally causes fear of immediate bodily harm or death, or
- intentionally inflicts or attempts to inflict bodily harm
Gross Misdemeanor Domestic Assault carries a maximum penalty of up to a year in jail and a $3,000 fine.
A person faces Gross Misdemeanor Domestic Assault if they commit one of the acts of Misdemeanor Assault within ten years of a domestic violence-related offense conviction or adjudication of delinquency.
Felony Domestic Assault carries a maximum penalty of up to five years in prison and a $10,000 fine.
A person faces Felony Domestic Assault if they commit one of the acts of Misdemeanor Assault within ten years of two or more domestic violence-related offense convictions or adjudications of delinquency.
Domestic Assault By Strangulation is a Felony Offense carrying a maximum penalty of up to three years in prison and a $5,000 fine.
A person faces Felony Domestic Assault By Strangulation if they assault a family or household member by strangulation (strangulation defined: intentionally impeding normal breathing or circulation of blood by applying pressure on the throat or neck, or by blocking the nose or mouth).
Assault in the Fifth Degree is a Misdemeanor Offense punishable by a maximum of 90 days in jail and a $1,000 fine. A person may be guilty of Fifth Degree Assault if they:
- intentionally act to cause fear in another of immediate bodily harm or death, or
- intentionally inflicts, or attempts to inflict, bodily harm on someone
Assault in the Fourth Degree may be a Gross Misdemeanor or Felony Offense depending on the circumstances. Fourth Degree Assault generally entails assaults against governmental employees. Most commonly it includes police officers and correctional employees. Some the acts triggering Fourth Degree Assault include:
- Police Officer: assaulting a peace officer during an arrest or performing other duties is a Gross Misdemeanor.
- Police Officer: assaulting a peace officer, which inflicts demonstrable bodily harm or intentionally transfers bodily fluids onto an officer is a Felony that has a maximum sentence of three years in prison and a $6,000 fine.
- Firefighters and Medical Personnel: assaulting a firefighter, paramedic, physician, or nurse is a Felony offense with a maximum penalty of two years in prison and a $4,000 fine.
- Correctional Employees: assaulting a prison guard, correctional officer, or probation officer is a Felony offense with a maximum sentence of two years in prison and a fine of $4,000.
Assault in the Third Degree is a Felony Offense, which has a maximum penalt of up to five years in prison and a $10,000 fine. Third Degree Felony Assault includes:
- Assaults against a person to the point it inflicts substantial bodily harm;
- Assaults against a minor, if the perpetrator has a past pattern of child abuse against the minor; and
- Assaults against children under four years old, and causes bodily harm to the child’s head, eyes, or neck, or causes multiple bruises to the body
Assault in the Second Degree is a Felony Offense that involves assaults with a dangerous weapon. Second Degree Assault occurs in the following situations:
- Assaulting a person with a dangerous weapon
- Felony offense with a maximum penalty of seven years in prison and a $14,000 fine
- Assaults a person with a dangerous weapon and inflicting substantial bodily harm
- Felony offense with a maximum penalty of ten years in prison and a $20,000 fine
Assault in the First Degree is a Felony Offense that involves inflicting great bodily harm on a person and using deadly force on a government employee. First Degree Assault occurs in the following situations:
- Assaulting a person and inflicting great bodily harm
- Felony Offense with a maximum penalty of up to 20 years in prison and a $30,000 fine
- Assaulting a peace officer, prosecuting attorney, judge, or correctional employee by using or attempting to use deadly force
- Felony Offense with a minumum penalty of ten years in prision and a maximum penalty of up to 20 years in prison and a $30,000 fine
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