Legal Recourse for Assault Victims in Minnesota

Legally reviewed by:
Knutson and Casey Expert Legal Team
October 29, 2024

gauze bandageIn Minnesota, the legal definition of assault encompasses physical violence and also the threat of harm that leaves an individual in fear of imminent danger. This includes various misconduct — from first-degree assaults, which involve severe, life-altering injuries, to fifth-degree assaults, where no physical contact may occur. If you were the victim of assault, you may have legal options to obtain justice for the physical and emotional damages you suffered.

At Knuston + Casey, we aim to provide a detailed roadmap for victims, from reporting the incident and obtaining protective measures to navigating civil and criminal litigation for compensation and justice.

What Is Assault in Minnesota?

In Minnesota, assault is defined by state law as any physical attack or threat that instills fear of imminent harm in a person. There are multiple categories of assault, each distinguished by its severity and the circumstances surrounding it, including the following:

  • First-degree assault is the gravest category, characterized by severe injuries to the victim that either pose a risk of death, permanent disfigurement, or loss or impairment of bodily function.
  • Second-degree assault occurs when the assailant uses a dangerous weapon during the attack. The severity of penalties escalates if the assault results in substantial bodily harm.
  • Third-degree assault is designated when the assault causes substantial bodily harm or if the victim is a child under the age of four.
  • Fourth-degree assault concerns attacks on specific protected groups, including law enforcement officers, firefighters, emergency medical personnel, and others engaged in their official duties. This category also encompasses hate crimes.

Fifth-degree assault represents the least severe form, typically involving actions that attempt to inflict harm or instill a fear of harm or lesser physical contact.

Legal Recourse for Assault Victims in Minnesota

As a victim of assault in Minnesota, you have several legal avenues to pursue, including the following:

  • Reporting the Assault: The first step is to report the assault to local law enforcement. This initiates a criminal investigation and leads to potential prosecution of the assailant. It’s important to provide as much detail as possible to aid the investigation and subsequent legal proceedings.
  • Obtaining a Restraining Order: For immediate protection, you may seek a restraining order against the assailant. This order legally restricts the assailant’s ability to come near you or contact you, helping to provide safety and peace of mind.
  • Filing a Civil Lawsuit: Beyond criminal charges, you may file a civil lawsuit against your assailant for damages. This may cover medical expenses, lost wages, pain and suffering, and other related costs. A civil suit may be pursued whether or not criminal charges are filed or lead to a conviction.  However, most assaults are not covered by any insurance, so it can be difficult to collect if the assailant has no assets or money to pay for the damages.
  • Seeking Victim Support Services: Minnesota offers resources and support services for assault victims. These services include counseling, medical assistance, legal advice, and more, designed to help you recover and navigate the aftermath of the assault.
  • Legal Representation: It is in your best interest to seek legal counsel to navigate both the criminal and civil aspects of your case. The knowledgeable attorneys at Knutson + Casey may offer guidance, advocate for compensation, and ensure your rights are upheld throughout the legal process.

Seeking medical attention immediately after an assault is essential for your well-being and also for strengthening a civil assault case. Medical records function as evidence of the injuries sustained, providing a detailed account of the physical effects of the assault. These documents are indispensable in court, as they may directly correlate the injuries with the assault, thereby substantiating the victim’s claims.

Immediate medical examination may also reveal injuries that might not be immediately apparent, ensuring all potential harm is documented and may be factored into any compensation claims.

Contact the Assault Lawyers at Knutson + Casey for Civil and Criminal Representation

Dealing with the aftermath of an assault can be overwhelming, but at Knutson + Casey, we’re here to help you navigate the legal process and protect your rights. Our experienced team provides comprehensive support, from assisting with restraining orders to pursuing civil lawsuits for damages, when they are able to be recovered by insurance, or from the assailants assets.  With our commitment to personalized service, we aim to ensure that justice is served and you receive the compensation you deserve.

Since 1992, we’ve helped countless clients through challenging times, offering trusted legal representation every step of the way. If you’ve been a victim of assault, contact us today at (507) 344-8888 or visit our contact form for a free consultation and learn how we may assist you in seeking justice.

Knutson+Casey

LEGALLY REVIEWED BY

Knutson and Casey Expert Legal Team

October 29, 2024

At Knutson+Casey, we take the time to understand each distinctive matter presented to us by a client in need of assistance. We make certain that our clients understand their options and can make informed decisions regarding the progress of their cases. We have 4 bar certified attorneys as well as 5 expert paralegals on staff to review all legal information and cases presented.