Felony Assault Charges For Minnesota Man

Jeff Dubay was charged with assault in Washington County, Minnesota. He was charged with the felony assault charge after an altercation with a woman in Cottage Grove. Dubay has a prior criminal record involving possession of cocaine and methamphetamine. He was a radio host back in 2008 but got fired after being charged with drug possession. Dubay was sentenced to six months of jail just last year from a drug possession charge and was on probation. Because Dubay has been charged with felony assault, the assault charge will violate him on his drug case from last year, which will likely lead to more jail time or a possible prison sentence.

In Minnesota, there are many levels of assaults depending on the type of injury and force used. There are five levels of assault in Minnesota ranging from 5th degree to 1st degree. 5th Degree assault is the least serious and is a misdemeanor and can be a result of a simple battery. Typically the defendant has to have intended to cause fear of bodily harm or injury or intentionally inflicted or attempted to inflict bodily harm. 4th degree assault is a gross misdemeanor which typically results from assaulting a police officer, school official, firefighter or EMT that is working at the time. Third, second, and first degree assault are all considered felonies in Minnesota.

What is felony assault?

Under Minnesota Statute 609.223, Third degree assault occurs when: whoever assaults another and inflicts substantial bodily harm may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both. 2nd degree assault is when there is a use of a dangerous weapon. Contact Keller Criminal Defense Attorneys for more definitions of what Minnesota Law defines as a dangerous weapon. First-degree assault is the highest level of felony assault means the defendant caused great bodily harm to another, which means a substantial risk of death. First-degree assault carries a penalty of up to 20 years in jail and up to a $30,000 fine.

If you have been charged with a crime as a result of an assault, contact Keller Criminal Defense Attorneys immediately. Keller Criminal Defense Attorneys has two criminal justice attorneys. A criminal justice attorney will be able to fight the charges against you. The criminal justice attorneys handle all types of criminal matters. Call 612-210-0629 for a free consultation. Keller Criminal Defense Attorneys is located downtown Minneapolis, MN and offer payment plans in most cases. Keller Criminal Defense Attorneys will take the charges seriously and are ready to take the case to trial if needed.

There are a number of defenses to these crimes and many ways to keep charges from going on your record. Do not go into court without an experienced criminal justice attorney. Do not go in and plead guilty without first seeking legal advice from a criminal justice attorney. There are many defenses to assault cases such as self-defense or and alternate perpetrator defense. Keller Criminal Defense Attorneys has great success when it comes to winning cases at trial and getting cases dismissed before the trial is held.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

The timeline for filing pre-trial motions in a criminal case in Minnesota varies with the type of motion. A motion related to the discovery of evidence or dismissal of a criminal case must be filed at least three days before the Omnibus Hearing. The prosecution is then allowed to respond to the motions, and the court sets the timeline for these responses.
Knowing the tips for interacting with law enforcement as a suspect in Minnesota can keep you from saying or doing something that incriminates you. These tips include understanding your rights while interacting with law enforcement, knowing how to handle search and seizure, and seeking the early intervention of a criminal defense lawyer. You should apply these tips when you are stopped for questioning, a suspect in a criminal investigation, pulled over in a car, and during arrest, arrest processing, and custody.
You may need to hire a criminal defense lawyer even if you have not been charged. A criminal defense lawyer protects your rights when law enforcement officers are investigating you for a crime. Without a lawyer, you might say something that could be incriminating or misconstrued. Your lawyer can engage with the police or the prosecutors and provide evidence that prevents them from filing formal charges. Your lawyer can also go through your case and prepare a defense strategy if there is a possibility of you getting charged.