Fifth-Degree Assault Charges in Minnesota and Possible Defenses
If you have been charged with fifth-degree assault in Minnesota, you may be wondering what happens next, how serious the charge really is, and whether there is anything you can do to fight it. The answer is: it depends on the facts of your case.
Remember, an accusation is not a conviction. And in many assault cases, what happened before, during, and immediately after the alleged assault can make all the difference. If you are facing assault charges in Minnesota, contact Jack Rice Defense for a free, confidential consultation at 651-447-7650 or 612-227-1339.
Jack Rice is a former prosecutor, former CIA officer, and Board Certified Criminal Law Specialist. He is the founder of Jack Rice Defense, a boutique criminal defense firm serving clients throughout Minnesota, and has been practicing law since before the turn of the century.
“I didn’t do it is a defense but so is I was defending myself or other people.”
What Is Fifth-Degree Assault in Minnesota?
Minnesota law defines fifth-degree assault in two basic ways.
First, a person can be charged with fifth-degree assault for committing an act with the intent to cause another person to fear immediate bodily harm, sometimes called a fear harm.
Second, a person can be charged if they intentionally inflict bodily harm on another person.
What Does the State Have to Prove?
Everything. When you are charged with assault, the prosecution has the burden of proving the elements of the offense beyond a reasonable doubt. This means more than simply asking, "Did something happen?"
The more important questions may include:
What exactly happened?
Who started the it?
What did you reasonably believe was happening?
Were you trying to protect yourself or someone else?
Was the other person threatening you?
Did you actually intend to cause fear or bodily harm?
Was the alleged victim's account accurate?
Are there witnesses, text messages, photographs, video, or other evidence that tell a different story? A more complete story?
The answers to those questions can create defenses or reasonable doubt about the state's case.
Possible Defenses to Fifth-Degree Assault
Every case is different. But depending on the circumstances, several defenses may be available to someone charged with fifth-degree assault including:
“When we talk about defenses to assault, it sometimes comes down to what happened before you responded and was your response reasonable.”
Self-Defense
One of the most important defenses in an assault case is self-defense.
Minnesota law recognizes circumstances in which a person may use reasonable force to resist an offense against the person. Essentially, if you are threatened, hit or fear imminent harm, or otherwise creates a situation where you reasonably believe you need to protect yourself, you may have a legal right to defend yourself.
But there are important limitations. That means the circumstances surrounding the confrontation matter enormously.
For example:
Who initiated the physical confrontation?
Was the threat immediate?
What did you reasonably believe was about to happen?
What did you do in response?
Was it reasonable under the circumstances?
Did you stop using force once the threat ended?
Were there witnesses or video recordings?
Did the other person suffer an injury?
These are all important questions that should be investigated.
Defense of Another Person
Minnesota law can also recognize the use of reasonable force when a person is resisting or aiding another person in resisting an offense against the person. In other words, you may not have been defending yourself at all. You may have been trying to protect someone else.
Perhaps you saw someone being attacked. Maybe a friend, family member, child, or stranger appeared to be in immediate danger, and you intervened. That does not automatically make your actions lawful. Defense-of-others claims have their own legal requirements, and the reasonableness of the force used is critical. But if the evidence shows that you intervened to protect another person from an immediate threat, that can fundamentally change how the case should be evaluated.
Necessity
Another potential defense in some criminal cases is necessity.
The basic concept is that a person may sometimes be justified in violating a law when doing so was necessary to prevent a greater harm. Necessity is not a catch-all defense, and it does not apply simply because someone believed they were doing the right thing. Whether necessity is legally available depends heavily on the facts and the specific circumstances involved. It is also important to recognize that this is used a lot less than most people realize.
For example, the defense may become relevant when someone is confronted with an immediate situation in which they believe taking otherwise unlawful action is necessary to prevent a more serious harm. Was this why you did what you did?
You Did Not Commit an Assault
Sometimes the best defense is simply that the alleged assault did not happen as the prosecution claims.
People remember confrontations differently. Witnesses can be mistaken. People can exaggerate what happened. And police reports do not always tell the entire story.
For a fifth-degree assault charge involving an allegation that you intentionally caused fear of immediate bodily harm or death, the prosecution must establish the required intent. Likewise, when the allegation involves intentionally inflicting or attempting to inflict bodily harm, the state still has to prove the elements of that offense.
That is why an effective defense begins with investigating the evidence—not simply accepting the allegations.
Why Experience Matters in an Assault Case
Jack Rice brings a background that is unusual in Minnesota criminal defense.
He is a former prosecutor, a former CIA officer, and a Board Certified Criminal Law Specialist. He has been practicing law since before the turn of the century and is the founder of Jack Rice Defense, a boutique criminal defense firm based in the Twin Cities.
Having previously worked as a prosecutor gives Jack firsthand insight into how the government evaluates criminal cases, how prosecutors build cases, and where weaknesses in those cases may exist.
His background also brings a different perspective to examining evidence, witnesses, and competing versions of events.
But every case ultimately comes down to the individual facts.
And that is where your defense begins.
“Knowing your possible defenses is sometimes the key.”
Charged With Fifth-Degree Assault in Minnesota?
If you have been arrested or charged with fifth-degree assault, do not assume that the police report tells the whole story—and do not assume that a conviction is inevitable.
There may be defenses available, including self-defense, defense of another person, necessity, lack of the required intent, mistaken identification, credibility issues, or other challenges to the state's evidence.
The sooner an experienced defense lawyer can begin investigating the case, the better.
If you are facing assault charges in Minnesota, contact Jack Rice Defense for a free, confidential consultation.
Call 651-447-7650 or 612-227-1339 today.
Jack Rice Defense represents clients facing criminal charges throughout Minnesota and is prepared to investigate your case, explain your options, and fight to protect your rights.