Terroristic Threats (Felony)

  • Communication with the purpose to terrorize another or in reckless disregard of the risk of causing terror.
  • Maximum penalty: 3 years imprisonment.

1st Degree Witness Tampering  (Felony)

  • Intentionally prevents or dissuades or intentionally attempts to prevent or dissuade a witness from testifying by means of force or threats or injury.
  • Maximum penalty: 5 years imprisonment.

5th Degree Assault (Misdemeanor)

  • Whoever intentionally inflicts or attempts to inflict bodily harm upon another.
  • Maximum penalty: 90 days imprisonment.

See Minnesota Witness Tampering Statute here.

Jury Verdict:

Not Guilty Terroristic Threats

Not Guilty 1st Degree Witness Tampering

Guilty 5th degree Assault


Attorney Patrick Cotter returned to the in-person courtroom and left with not guilty verdicts on the most serious charges.  Our Client engaged in a physical altercation that was captured on surveillance video at a Home Depot Store.  The County Attorney charged our client with two felony counts of Terroristic Threats and Witness Tampering.  The Complainant alleged that our Client threatened to kill him and threatened him not to testify in a future court hearing during their physical altercation.

The trial lasted a day and a half and the central issue was whether our Client made serious verbal threats in addition to the physical altercation.  Attorney Patrick Cotter effectively pointed out the lack of evidence, the incomplete investigation, the charging decision, and the Complainant’s inconsistencies and motive for making such allegations.  Attorney Patrick Cotter fought hard for his Client and convinced the judge to include the less severe charge of 5th Degree Assault.  After deliberating for less than two hours, the 12-person jury came back with “Not Guilty” for both serious charges.

This case highlights the importance of holding the prosecution to their burden of proof on each an every charge.  The government has enormous power to chose what charges to bring and often seek the most severe charge that they can.  It is the job of the defense lawyer ensure that the charges actual fit the facts.

See Attorney Patrick Cotter’s Case Victories here.

Call Sieben & Cotter at 651-455-1555 to arrange your free and comprehensive consultation, or send a request for more information.

The information in this blog post is provided for general informational purposes only. No information contained in this post should be construed as legal advice from Sieben & Cotter, PLLC, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.