Can I Be Charged with Assault Without Touching Someone?

If you’ve been charged with assault, there is a lot at stake. Assault charges are serious with potentially costly penalties if you are convicted. Without the proper defense, you risk having your rights violated during the criminal process and receiving an unnecessarily harsh outcome, including a possible wrongful conviction.

Never assume that your case will be simple just because you did not touch someone in the incident leading to assault charges. Such circumstances can still lead to charges and an intimidating criminal process. The good news is that help is available to protect you and your future in the wake of assault charges. 

An experienced Minnesota assault and battery lawyer can implement a personalized defense strategy to help get your charges dismissed or minimize the penalties you face, so you can move forward with your life.

Get in touch with our team at Capitol City Law Group at (651) 705-6311 to schedule a free consultation.

How Can I Be Charged With Assault if I Didn’t Hit the Person?

Assault is a broad criminal offense that covers many types of conduct in Minnesota, ranging from simple assault (a misdemeanor) to first-degree aggravated assault (a felony). Simple assaults can include acts of violence or even just the threat of violence against another party. The statute for misdemeanor assault criminalizes conduct with the intent to cause fear of immediate bodily harm or death. 

Because threats alone can constitute assault, it means you do not have to harm or even physically contact someone to be charged with or convicted of assault. Simply putting someone in fear of harmful contact is enough to face criminal charges and possible penalties.

How Prosecutors Prove Assault Regarding Threats Only

How do prosecutors prove an assault charge even if you never laid a hand on someone? The law requires proof beyond a reasonable doubt that you intentionally made someone fear imminent bodily harm or death through threats or other actions.

Threatening behavior, such as menacing gestures, verbal threats, or brandishing a weapon, can all lead to assault charges. Even if you never followed through with the threat, the mere act of causing someone to fear for their safety can result in serious legal consequences. Prosecutors must establish that: 

• Your actions were intentional, and
• The victim genuinely believed they were in imminent danger

In such cases, you need a knowledgeable defense attorney to challenge the prosecutor’s case and mount a strong defense. An experienced lawyer can question the prosecutor’s arguments and alleged victim’s version of events. We can investigate the circumstances surrounding the alleged threats and work toward minimizing the potential consequences you may face. 

If you are facing assault charges based on threats, remember that it is always a serious matter, and seeking defense representation is essential in protecting your rights and ensuring a fair legal process.

Can I Be Convicted of a Crime I Didn’t Commit in Minnesota?

It’s possible to be convicted of a crime you didn’t commit in Minnesota because the outcome of a case ultimately comes down to the evidence presented to a judge or jury. Recent reports estimate that between 2% and 7% of prisoners are innocent of the crimes for which they are imprisoned.

Many factors can contribute to a person’s wrongful conviction, including:

• Coercion to plead guilty
• False confessions
• Faulty forensic evidence
• Incorrect eyewitness identifications
• Misconduct by law enforcement or prosecutors

Can I Get My Assault Charges Dropped in Minnesota?

Potentially getting violent crime charges dismissed depends on the legal strategy your defense attorney builds. The key to getting charges dismissed often comes down to how effectively a St. Paul criminal defense lawyer can apply the right resources and legal strategy to the specific facts of your case.

The outcome of your case hinges on the prosecution’s ability to prove that you are guilty beyond a reasonable doubt. It’s possible to get your charges dropped or acquitted by:

• Demonstrating the prosecutor has weak or insufficient evidence to prove your charges beyond a reasonable doubt
• Presenting strong evidence as an alibi
• Suppressing evidence that was obtained illegally

You may also be able to have your charges dropped if the victim is being uncooperative and will not testify as part of the case against you. Your defense attorney will 

Misdemeanor and Felony Assault Charges in Minnesota

Assault charges are considered “wobblers” in Minnesota, which means they can be charged as either misdemeanor or felony offenses, depending on the circumstances. For example, a simple assault case is likely to be a misdemeanor, including charges stemming from threats only.

On the other hand, aggravating factors can escalate assault charges to the felony level in Minnesota. One factor is severe injuries inflicted on a victim. If the assault causes substantial bodily harm or involves the use of a deadly weapon, the charges can be elevated to a felony offense. Additionally, if the assault is committed against a protected class such as a law enforcement officer, firefighter, or emergency medical personnel, it can also be charged as a felony. If someone has sufficient prior convictions, it can also lead to felony charges.

Whether you face misdemeanor or felony charges, it is always beneficial to work with a Minnesota defense lawyer. Any criminal charge is a serious case that should have serious defense representation.

Reach Out to Our Experienced Defenders at Capitol City Law Group

If you’ve been accused of assault, it’s critical to seek legal defense representation to help you build a case that protects your future. If you’re ready to discuss your case in more detail, get in touch with our office at (651) 705-6311 to set up a free appointment with a member of our team today.