Call Today

Oct 28, 2015

Third Degree Felony Assault Dismissed For Client

Keller Law office got their client’s third degree assault charge dismissed in Pine County yesterday. Ms. Stein’s client was charged with 3rd degree assault pursuant to Minnesota Statute 609.223.1 which is a felony in Minnesota. 3rd degree assault carries a maxiFmum sentence of five year and/or a $10,000 fine. Her client was also charged with domestic assault pursuant to Minnesota Statute 609.2242.1 which is a Misdemeanor. A misdemeanor carries a maximum sentence of 90 days of jail and/or $1,000 fine.

The state alleged that the client intentionally inflicted or attempted to inflict bodily harm upon her boyfriend. The state alleged that she hit her boyfriend in the face with a coffee mug and split his lip open. The clients boyfriend told police that he was hit by his girlfriend and she was the one charge. Ms. Stein’s client told police that it was her boyfriend that was hitting her but unfortunately was still charges. Her boyfriend ended up recanting his statement to the police and Ms. Stein filed Paradee motions against the State. A paradee motion in this case was used to try to get the alleged victims hospital records to show that he was extremely intoxicated.

Ms. Stein defended her client to the maximum and also showed the prosecution that it was her client who was the victim and any injuries caused to her boyfriend were made in self defense. Her boyfriend also was uncooperative and recanted which helped in the prosecution’s decision to dismiss the 3rd degree assault charge and the domestic assault charges. The client was very happy and now will have no convictions on her record. She will also be seeking an expungement to ensure all judicial and executive branch records are sealed. An expungement is still necessary in cases where the charges are dismissed because otherwise the arrest records and charges will appear on a background check. No filing fee is required in cases dealing with dismissals.

If you have been charged with any type of a domestic assault case, contact the Keller Criminal Defense Attorneys right away. Do not make any statements to the police. Any statements made can be used against you. It may be possible to show self-defense or causation to get the charges dismissed. visit www.kellerlawoffices.com or call 952-913-1421 for a free consultation. Keller Law Office offers payment plans and will aggressively defend you.

Max Keller

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.

Experience: Practicing since 1997
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

Recent Posts

Jun: 18, 2026

What Are the Consequences of Insurance Fraud in Minnesota?

Potential consequences of insurance fraud depend on whether the offense gets reported to the police for investigation and prosecution.

Jun: 18, 2026

What Is the Exclusionary Rule in a Criminal Case?

So, what is the exclusionary rule, and how does it apply to your case? The exclusionary rule is a court-driven rule that takes effect when evidence in a criminal case is unlawfully obtained. In your case, a court might use the exclusionary rule if the illegally obtained evidence helped the officers get other pieces of evidence they would not have found otherwise. The secondary evidence subject to the exclusionary rule is referred to as the fruit of the poisonous tree doctrine. The exclusionary rule borrows its reasoning from constitutional rights. So, it applies to criminal cases as a deterrent and remedy rather than a standalone constitutional right.

Jun: 18, 2026

What Happens If You Violate Probation in Minnesota?

People who suspect that they have violated probation or are already facing a violation charge might ask, “What happens if you violate probation?” A probation violation in Minneapolis, Minnesota could result in a range of consequences, depending on the type and severity of the violation. Those consequences include reprimand from probation officers, enhanced supervision and stricter conditions, and probation revocation and incarceration.