Minneapolis Aggravated Assault Attorney

If you or someone you care about has recently been arrested or charged with aggravated assault in Minneapolis, you are facing a serious felony accusation that can affect every part of your life. Prison time, a permanent violent record, and strict court orders are all possible outcomes in these cases.

At Tamburino Law Group, we defend people accused of serious crimes every day, including felony assault charges that are filed in Hennepin County District Court after incidents in the city. We know how frightening it is to worry about your freedom, your job, and your family all at once, and we work to give you clear, steady guidance from the very start.

Our criminal defense team brings more than 100 years of combined legal experience to every case, along with hundreds of jury trials in Minnesota courts. You can reach us 24/7 for a free, confidential consultation so you can talk with an attorney before you take another step.

Contact our firm today at (612) 444-5020 to book a free consultation.

What is Aggravated Assault?

In many states, "aggravated assault" is a specific statutory charge. In Minnesota, the law categorizes assault into five "degrees." While the term "aggravated assault" isn't the formal name of a statute, it is the common legal shorthand used by police, prosecutors, and the public to describe First, Second, and Third-Degree Assault.

In general, an assault becomes "aggravated" when one or more of the following factors are present:

• The use of a dangerous weapon: This includes firearms, knives, or any object used in a way that could cause death or great bodily harm (such as a baseball bat or a vehicle).
• The severity of the injury: Charges are elevated if the victim suffers "substantial" or "great" bodily harm.
• The status of the victim: Assaulting a "protected employee," such as a peace officer, firefighter, or emergency room doctor, can lead to aggravated felony charges even if the physical injury is less severe.

Penalties for Aggravated Assault in Minnesota

The consequences of a conviction for aggravated assault in Minneapolis are life-altering. Beyond the immediate threat of prison, a felony record can prevent you from owning a firearm, finding employment, or securing housing.

Understanding the Levels of Harm

The degree of your charge often hinges on the legal definition of the harm caused:

• Substantial Bodily Harm: A temporary but significant disfigurement, a fracture (broken bone), or the temporary loss of a bodily function.
• Great Bodily Harm: An injury that creates a high probability of death, causes permanent disfigurement, or results in the permanent loss or impairment of a bodily organ or function.

Legal Defenses to Aggravated Assault Charges

Being charged does not mean you will be convicted. At Tamburino Law Group, we conduct a thorough investigation into every case to identify the strongest possible defense. Common strategies include:

Self-Defense or Defense of Others

In Minnesota, you have the right to use reasonable force to protect yourself or another person from an imminent threat of harm. To successfully argue self-defense, we must generally show that you were not the aggressor, you believed you were in danger, and the amount of force you used was proportional to the threat.

Lack of Intent

Assault is an intentional crime. If the injury occurred due to an accident, a misunderstanding, or a lack of criminal intent, the prosecution may not be able to meet its burden of proof.

Defense of Property

Under certain circumstances, Minnesota law allows for the use of reasonable force to protect your home or personal property.

False Accusations and Mistaken Identity

Heated emotional disputes, such as domestic arguments or bar fights, often lead to exaggerated or entirely false claims. We look for inconsistencies in witness testimony and use forensic evidence or surveillance footage to challenge the accuser’s version of events.

Challenging the "Dangerous Weapon" Classification

In Second-Degree Assault cases, the prosecution must prove a "dangerous weapon" was used. We may be able to argue that the object in question does not meet the legal definition of a dangerous weapon under the specific circumstances of the case.

Aggravated Assault FAQs

Is aggravated assault always a felony in Minnesota?

Yes. While Fifth-Degree Assault is typically a misdemeanor, First, Second, and Third-Degree Assaults are classified as felonies. This means a conviction carries a minimum potential sentence of more than one year in a state correctional facility.

Can I be charged with Second-Degree Assault if I didn't actually hit the person?

Yes. Under Minnesota law, "assault" includes acts intended to cause fear of immediate bodily harm. If you brandish a dangerous weapon (like a gun or a knife) in a threatening manner, you can be charged with Second-Degree Assault even if no physical contact occurred.

What should I do if the police want to "hear my side of the story"?

Do not speak to the police without a lawyer. It is a common tactic for investigators to appear friendly to get you to admit to elements of the crime. Even a statement intended to be exculpatory—like "I only hit him because he was yelling at me"—is a confession of physical contact that the prosecutor can use against you.

Can the victim drop the charges?

In Minnesota, the "victim" does not have the power to drop criminal charges. Once the police are called and a report is filed, the decision to prosecute lies solely with the Hennepin County Attorney’s Office. Even if the victim no longer wishes to participate, the state can—and often does—proceed with the case.

Why Choose Our Defense Team

When you are charged with a violent felony, you need more than a name from a search result. You need a defense team that understands Minnesota criminal law in depth, that has spent years in local courtrooms, and that knows how prosecutors build aggravated assault cases. That is the foundation we provide at Tamburino Law Group.

Our attorneys have represented thousands of clients and handled hundreds of jury trials across Minnesota. Founding partner Joseph Tamburino is Board Certified in Criminal Law by the Minnesota State Bar, a credential that only a small percentage of attorneys in the state hold. This certification reflects advanced knowledge of criminal law and trial practice, which is critical when your case involves allegations of serious injury or weapons.

We also bring a prosecutor perspective to your defense. Founding partner Allan Caplan is a former prosecutor, and other members of our team have worked as prosecutors and public defenders. This background helps us anticipate how the state may approach an aggravated assault charge and where the weaknesses in its case might be.

Our lawyers are consistently recognized in Super Lawyers and Rising Stars, hold AV Preeminent ratings from Martindale-Hubbell, and are included in The National Trial Lawyers Top 100 Trial Lawyers. Joseph Tamburino has received the Minnesota Icon Award for lifetime achievement and has appeared frequently on local news, including Emmy-nominated legal analysis during coverage of the Derek Chauvin trial. These recognitions show that other lawyers, judges, and media outlets trust our legal judgment.

We combine that courtroom track record with a client-centered approach. We are known for clear, straightforward communication, for walking clients through each stage of a case, and for being available when questions come up. Your initial consultation is free and carries no obligation, so you can learn where you stand before committing to anything.

Call (612) 444-5020 now to speak with an attorney in confidence.