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Enhancement Based On Prior Assaults

Minnesota Assault Lawyer & Attorney

If a person commits a fifth-degree assault, either by inflicting bodily harm or causing another person to be in fear of bodily harm, it is normally considered a Misdemeanor offense. However, depending on the defendant’s record, it can be charged as either a Misdemeanor, Gross Misdemeanor, or a Felony. Regardless of the level of charge, having a Minneapolis assault attorney representing you can make a significant difference in your case.

How Assault Charges Are Used to Enhance Future Offenses

In Minnesota, assault convictions can be used to enhance a future offense.  For example, a first time assault charge in Minnesota is generally considered a Fifth Degree Assault.  In fact, as long as there is no more than Bodily Harm involved, the injury level is consistent with such a charge.  However, if you commit a Fifth Degree Assault but have prior convictions, the new offense will be enhanced to a more serious offense. .

  • Gross misdemeanor – If this is your second offense and:  the prior assault was against the same victim and occurred within the past 10 years, or the prior assault was against a different victim and occurred within the past 3 years.
  • Felony – If this is your third offense and:  the prior assaults were against the same victim and occurred assaulted within the past 10 years, or the prior assaults were against different victims and occurred within the past 3 years.

With the help of an MN assault lawyer, you can fight the charges to the point of dismissal or reduction. If the case goes to trial, Carson is a skilled trial attorney who will aggressively argue your case.

Contact A Minneapolis Assault Attorney

Carson J. Heefner has over 20 years experience representing individuals charged with assault crimes in the State of Minnesota. If you or someone you know has been accused of  contact Carson at 612-202-8971 or, for a free consultation.