Minneapolis Third Degree Assault Lawyer

Third Degree Assault is a serious crime in the State of Minnesota. If you, or someone you know is charged with a crime, please call criminal defense attorney Barry McKee immediately. Time may be of the essence! Barry McKee is a lawyer with extensive experience defending assault cases in Minnesota and can help guide you (or your loved one) to the best outcome in the case.


What is Third Degree Assault?

Minnesota’s Assault in the Third Degree statute (Minnesota Statute 609.223, Subdivision 1) states that: “Whoever assaults another and inflicts substantial bodily harm” is guilty of Third Degree Assault.

The key to understanding this statute is to understand what “substantial bodily harm” means. Minnesota Statutes and case law define and exemplify what this term means. How is “substantial bodily harm” being applied (or misapplied) in your case? This is an important conversation to have with your criminal defense attorney.


What are the Criminal Penalties for Third Degree Assault?

Under Subdivision 1 of Minnesota’s Assault in the Third Degree statute (see above), the maximum sentence that may be imposed on the defendant is imprisonment for not more than five years or to pay a fine of not more than $10,000, or both.

It is important to note that persons convicted of Third Degree Assault don’t always serve the maximum possible prison sentence or pay the maximum possible fine; however, some time in jail (or prison) is common after a conviction. Moreover, persons convicted of Third Degree Assault will likely be placed on probation for an extended period and ordered to comply with all the rules and regulations of probation. If a probation violation occurs, then the individual may have to pay more fines or serve more time in jail or prison.


What are the non-criminal consequences of a Third Degree Assault Conviction?

Stress. For most people, one of the nasty consequences of any criminal charge is stress. A criminal charge is stressful for the accused and his or her family and friends. The stress comes from: not knowing the legal process and rules; embarrassment of being charged with a crime and having to go to court; the expenses associated with dealing with the criminal charges, the inconvenience of DANCO or other “no contact” orders, and the fear of an outcome in the case that is beyond the defendant’s control. Will a jail sentence be imposed? If so, for how long? Will there be fines, if so, how much? Will the case need to go to trial? How much will all this cost? Will I lose my job?

Harm to Employment/Employment Prospects. Under Minnesota law, some employers can fire an employee because of a criminal conviction. In addition, job applications often ask the applicant if he or she has been convicted of a crime. Unfortunately, Third Degree Assault is a crime and would have to be disclosed on a job application. Moreover, a conviction for Third Degree Assault would most assuredly show up on a criminal background check.

Probation/Probation Violations. The court will order someone convicted of Third Degree Assault to be placed on probation. Probation can be intensive or non-intensive and result in travel and other restrictions. If a defendant charged with assault is already on probation for another case, then a conviction could trigger a probation violation on any other cases for which the defendant is currently on probation.

Anger and Chemical Use Assessments. Most judges will order an individual convicted of Third Degree Assault to submit to an anger management assessment. In addition, if there was any alcohol or drug use by the defendant in connection with the incident, then the judge will likely also order the defendant to submit to a chemical uses assessment as well.

After the assessment process is complete, the Judge (or probation officer) will review the assessment and associated recommendations. The judge then, as part of the Sentencing Order, orders the defendant to comply with all of the assessment’s recommendations. For example, if an anger management assessment recommends that a defendant attend a specific anger management class, then the defendant must attend (and pay for) that specific class. Moreover, if a defendant fails to follow the assessment’s recommendations, then a judge may find that the defendant has violated a term of probation and needs to serve time in jail.


What are the defenses to Third Degree Assault?

As with all criminal cases, depending on the facts of the case, there may be defenses available to the person who is accused. A general list of defenses includes: self-defense, defense of others, intoxication, involuntary intoxication, insanity, necessity, abuse, and several others. Contact Minnesota Criminal Defense Attorney Barry McKee to find out what defense(s) may apply in your case.


Why you should contact Minnesota Third Degree Assault Attorney Barry McKee?

Barry McKee is a criminal defense lawyer with over 40 years experience handling assault cases. He knows the tendencies of the prosecutors and judges, the law, the defenses, and how to get you the best outcome in your case. If contacted early enough in the process Barry McKee is often able to get criminal charges dismissed or reduced.