Legal Question in Criminal Law in Minnesota

3rd degree criminal assault

What is the definition?


Asked on 10/27/08, 12:27 pm

2 Answers from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

Re: 3rd degree criminal assault

A third degree assault is very serious. It requires that you assaulted someone and and inflicted substantial bodily harm. It is a felony and if convicted you may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.

You should have an attorney to explore possible defense. Oftentimes, evidence can be suppressed if procedural rules were not followed to the letter by law enforcement officers.

A third degree assault has collateral consequences that are extremely significant and, arguably, more severe than the criminal penalties themselves. As a result, it is extemely important to protect your public and criminal record. A conviction will forever mar that record and make many normal activities impossible.

First, as a felon, you must provide a DNA sample to the state and register as a felon if you move to any other state.

Second, if convicted of an assault, employers who require a background check will not hire you. That is particularly true if you work closely with customers or in some other service oriented profession.

Third, many landlords now perform background checks for applicants and, if you decide to rent, you may be denied an apartment with a crime of violence such as an assault on your record.

Fourth, a conviction for assault may result in licensing problems for certain occupations or interfere with acceptance into some schools of higher learning.

Finally, it is also compelling that a non-citizen may suffer deportation and, even a citizen would lose their right to possess a weapon, even for hunting purposes, after a conviction.

Often, the best defense is a good offense. In most instances, an argument for self defense may be made and Motions should be served to acquire all statements and medical records from the prosecution. Often, with skilled legal representation jail time and convictions can be avoided.

For a consultation call 612.240.8005

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Answered on 10/27/08, 12:39 pm
Thomas C. Gallagher Gallagher Criminal Defense

Re: 3rd degree criminal assault

See:

https://webrh12.revisor.leg.state.mn.us/statutes/?id=609.223&year=2008&keyword_type=all&keyword=assault+3

and related.

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Answered on 10/27/08, 6:33 pm


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