Legal Question in Criminal Law in Minnesota

Re: fighting

When the cops get interested in charging it as such.

Re: fighting

The most common criminal charge associated with fighting in Minnesota is assault. The least significant conduct that could be used to charge an assault crime is to cause fear of bodily harm in another, reasonably knowing it would do so. As you might expect, this is much abused by police and prosecutors. To support a felony level charge, the police and prosecutor must have some claims from someone, or some purported evidence, to support additional, various factors - which are specified in the statutes. For a summary description of those factors, see my one of my web pages:

http://www.liberty-lawyer.com/domesticcrimecharges/domesticstatutesmn.html

That page is specific to domestic assault cases, but the factors that make a charge a felony are similar. (I'll do another page on non-domestic assaults one day soon.)

FFI: http://www.liberty-lawyer.com

or call me.

Re: fighting

There must be a factual basis for charging a felony and it is not siumpky up to the discretion of the police as another person implied.

Generally, a felony assault may be charged if a weapon is used or if a person inflicts great bodily har, (1st Degree assault), substantial bodily harm (2nd and 3rd degree assault), harms a child under the age of 4 (3rd Degree assault), or assault s anottgher based on bias such as race (4th degree assault).

Terroristic threats may also be charged as a felony if the person threatens to commit a crime of violence.

For a consultatoin call 612.240.8005 or visit criminal-law.tv