Assault in the Second Degree is a serious felony level charge.
If someone is found guilty of Assault in the Second Degree, they could face up to ten years in prison and could be required to pay up to a $20,000 fine.
There are two ways someone can be found guilty of Assault in the Second Degree:
FELONY ASSAULT IN THE SECOND DEGREE
1. Dangerous Weapon
If the State proves that someone (1) assaulted another person (2) with a dangerous weapon. A dangerous weapon is:
Any firearm, loaded or unloaded
Any device designed as a weapon and capable of producing death or great bodily harm
Any combustible or flammable liquid or other instrumentality or device that is used or intended to be used, that could produce great bodily harm
Any fire that is used to produce death or great bodily harm.
2. Dangerous Weapon; Substantial Bodily Harm
If the State proves that someone (1) assaulted another person; (2) with a dangerous weapon; and (3) caused substantial bodily harm. The definition of a dangerous weapon is the same as above. Substantial bodily harm means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of any bodily member or organ, or which causes a fracture of any bodily member.
Tom Sieben and Patrick Cotter have extensive experience in handling Felony Second Degree Assault cases with successful results:
Case Results: 2nd Degree Assault & Terroristic Threats (Hennepin County)
Our client was accused of pulling a gun on a Minneapolis Traffic Control agent after getting a ticket. He was told if he was convicted he would be remanded into custody and faced a presumptive 3 years in prison, instead he walked out of the courtroom vindicated of a crime he always maintained that he did not commit.