QUESTION
What can I expect from a second degree assault for self defense?
Asked on Oct 13th, 2011 on Criminal Law - Minnesota
More details to this question:
I was involved in an incident where a kid was pushing me around and threw punches and me. I took the kid down and attempted to leave but the kid wouldn't let me so I then took him down and held him in a move tell he would let me leave. I was 16 at the time and 6 months later was charged by the county attorney with second degree assault for self defense? I also do not understand how I get second degree when I never brought harm to him? What can I expect to happen?
1 ANSWER
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Second degree assault means the state is alleging that a weapon of some sort was used in the assault. There is typically a mandatory minimum year and a day prison sentence involved. If you feel you have a self-defense defense, then you must get a lawyer who can investigate the facts, present them and your witnesses to the prosecutor, and if needed, to present the defense to a jury. The state bears the burden to disprove self-defense.
Answered on Oct 14th, 2011 at 6:39 PM