Duluth, MN asked in Criminal Law for Minnesota

Q: Can I be charged with assault even if I have an eyewitness saying the injury came from a slip and fall?

I have prior assault convictions

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2 Lawyer Answers
Sarah Gad
Sarah Gad
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: You can be charged with assault if the police have probable cause to believe you assaulted the person. Probable cause is not very high standard. If the alleged victim had a visible injury and claimed that you were the attacker, that's pretty much all that is needed for probable cause to charge you with assault. Now, if there is credible evidence that disputes that you assaulted the alleged victim (i.e., surveillance footage of the slip and fall, or credible witnesses who can testify that they witnessed the slip and fall), then your lawyer can use that evidence to get the charges dropped later on down the road.

Good luck. Hope this helps!

Jonathan Matthew Holson agrees with this answer

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: When a prosecutor files a criminal charge, they allege facts which if true, they believe would prove the crime charged. If there are not facts to support "probable cause" to believe a crime was committed by the defendant, the defense attorney may file a motion to dismiss for lack of probable cause, and the judge will hold a hearing on it. In many assault cases, a witness is claiming facts to be true, which could be true or not. Typically that type of case may survive a probable cause dismissal motion, but then a jury can decide what to believe is true. The defense can also bring witnesses to testify about the facts and events. I'd suggest working with your defense attorney on every possible defense, rather than limit focus to just one early on.

Jonathan Matthew Holson agrees with this answer

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