A charge of simple assault in Fargo can shatter your sense of security and throw your entire future into question. One moment, you’re living your life, and the next, you’re facing a legal system that feels designed to crush you. The fear of the unknown—what this means for your job, your family, and your freedom—can be all-consuming. The allegations against you might be a complete misunderstanding, an exaggeration of the facts, or an act of self-defense. Yet, the prosecution will paint you as a violent criminal, reducing your entire identity to a single, potentially misinterpreted, moment. This is a lonely and terrifying position to be in, and the weight of it all can feel unbearable. You are not just a case file; you are a human being whose life has been turned upside down, and you deserve to be seen and defended as such.
In this fight, you are not alone. From the moment you entrust me with your case, it is no longer you against the world; it is us against the prosecution. I will stand as a shield between you and the full force of the state, ensuring your rights are protected at every turn. My role is not just to be your legal counsel but to be your unwavering advocate, your strategist, and your fighter. While the prosecution builds its case against you, we will be building a stronger one in your defense. I will listen to your side of the story with the respect and attention it deserves, and together, we will navigate the complexities of the legal system. Your voice will be heard, and your story will be told. I will be the one to challenge the narrative the prosecution presents, to stand by your side in court, and to fight relentlessly for the best possible outcome for your future.
The Stakes Are High: Understanding North Dakota’s Simple Assault Laws & Penalties
Simple assault, despite its name, is a serious criminal offense in North Dakota with consequences that can have a lasting impact on your life. It’s not just about a minor disagreement; a simple assault charge can arise from a wide range of situations, from a heated argument that turns physical to an act of self-defense that is later misconstrued by law enforcement. The prosecution will not treat this matter lightly, and neither should you. A conviction can result in significant jail time, hefty fines, a permanent criminal record, and a host of collateral consequences that can affect your employment, housing, and even your right to own a firearm.1 Understanding the gravity of these potential penalties is the first step in building a strong defense and protecting your future.
What the Statute Says
The offense of simple assault is governed by North Dakota Century Code § 12.1-17-01.2 The law is written broadly, which allows for a wide range of actions to be classified as simple assault. It is crucial to understand the exact language of the statute to appreciate what the prosecution must prove beyond a reasonable doubt.
- A person is guilty of an offense if that person:a. Willfully causes bodily injury to another human being; orb. Negligently causes bodily injury to another human being by means of a firearm, destructive device, or other weapon, the use of which against a human being is likely to cause death or serious bodily injury.
- The offense is:a. A class C felony when the victim is a peace officer or correctional institution employee acting in an official capacity, which the actor knows to be a fact; an employee of the state hospital acting in the course and scope of employment, which the actor knows to be a fact, and the actor is an individual committed to or detained at the state hospital pursuant to chapter 25-03.3; a person engaged in a judicial proceeding; or a member of a municipal or volunteer fire department or emergency medical services personnel unit, or emergency department worker or hospital worker, engaged in essential patient care, in the performance of the member’s duties.b. A class B misdemeanor except as provided in subdivision a.
As a Class B Misdemeanor
For most simple assault charges in North Dakota, the offense is classified as a Class B misdemeanor.3 While this is the lower-level classification for this crime, the penalties are still significant and can have a lasting negative impact on your life. A conviction for a Class B misdemeanor can result in up to 30 days in jail, a fine of up to $1,500, or both.4 In addition to the immediate legal penalties, a misdemeanor conviction will appear on your criminal record, which can create difficulties in securing employment, finding housing, and may even affect your eligibility for certain professional licenses.5
As a Class C Felony
The stakes are raised considerably when a simple assault is charged as a Class C felony. This typically occurs when the alleged victim is a peace officer, correctional officer, or other protected official performing their duties. A conviction for a Class C felony carries a potential sentence of up to 5 years in prison, a fine of up to $10,000, or both.6 Beyond the significant prison time and fines, a felony conviction has lifelong consequences.7 Convicted felons in North Dakota lose their right to own a firearm, may lose their right to vote, and will find it incredibly difficult to pass background checks for employment and housing. A felony conviction is a life-altering event that requires an aggressive and strategic defense.
What Does a Simple Assault Charge Look Like in Fargo?
In the real world, a simple assault charge rarely unfolds like a scene from a movie. It’s often a messy, confusing, and emotionally charged situation where the lines are blurred and the facts are disputed. In Fargo, these charges can stem from everyday situations that escalate unexpectedly. A disagreement with a neighbor over a property line, a heated argument with a spouse that is overheard by a concerned third party, or a night out with friends that ends in a misunderstanding can all lead to an arrest for simple assault. The legal definition of “bodily injury” is also much broader than many people realize. It doesn’t require a serious wound; any physical pain, illness, or impairment of physical condition is enough to satisfy the statute.
This means that actions you may have considered minor or justifiable at the moment can be interpreted very differently by law enforcement and prosecutors. The other person involved may have a different recollection of events, or there may be witnesses who only saw a small portion of the incident. Suddenly, you find yourself in a situation where your character is being questioned and your freedom is on the line, all because of a single, unfortunate event. It is in these moments of uncertainty and fear that you need a legal advocate who understands the nuances of North Dakota law and can effectively tell your side of the story.
A Night Out Gone Wrong
A group of friends is enjoying a night out at a bar in downtown Fargo. As the night goes on, a verbal disagreement breaks out between two individuals from different groups. One person feels threatened and shoves the other to create distance. The person who was pushed stumbles back into a table, causing a scene. Bouncers intervene and, following protocol, call the Fargo Police Department. When officers arrive, they take statements from several people, many of whom only saw the push. The person who initiated the shove is arrested and charged with simple assault.
In this scenario, the individual who was arrested may have genuinely feared for their safety and acted in what they believed to be self-defense. However, from the perspective of law enforcement and the prosecution, they willfully caused bodily injury to another person. The “injury” in this case might be as minor as a scraped elbow from the fall, but it still fits the legal definition under North Dakota law. Without an experienced attorney to argue the nuances of self-defense and challenge the prosecution’s narrative, this individual could face a conviction that would have a lasting impact on their life.
A Disagreement Between Neighbors
Two neighbors in a quiet Fargo subdivision have had a long-standing dispute over the placement of a fence. One afternoon, the argument escalates. One neighbor, in a moment of frustration, throws a small gardening tool in the direction of the other, not intending to hit them but to make a point. The tool lands on the ground but startles the other neighbor, who calls the police. When the police arrive, the neighbor who called claims the tool was thrown at them and that they feared for their safety. The other neighbor is then charged with simple assault.
Even though the tool did not make contact, the act of throwing it could be interpreted as a willful act that could have caused bodily injury. The prosecution might argue that the intent to cause harm was present, or that the act itself was reckless enough to warrant a simple assault charge. The accused individual now faces a criminal charge stemming from a neighborhood dispute that got out of hand. A skilled defense attorney would work to demonstrate the lack of intent to cause injury and frame the incident as a product of a heated, but not violent, disagreement.
A Domestic Dispute Misinterpreted
A married couple is having a loud and emotional argument inside their Fargo home. A neighbor hears the shouting and, concerned for their safety, calls the police. When officers arrive, they separate the couple and question them individually. One spouse, still upset, tells the police that during the argument, their partner grabbed their arm to prevent them from leaving the room. The officers observe a slight red mark on the arm and, based on this statement and physical evidence, arrest the other spouse for simple assault.
In domestic situations, law enforcement often feels compelled to make an arrest, even if the “injury” is minor and the intent was not malicious. The spouse who was arrested may have been trying to de-escalate the situation or prevent their partner from driving away while upset. However, the prosecution now has a witness statement and physical evidence, which they can use to build a case for simple assault. An experienced attorney would need to carefully navigate the complexities of the domestic situation, perhaps showing that the contact was not intended to cause harm and that the entire incident has been blown out of proportion.
An Overzealous Sports Fan
During a heated NDSU Bison football game, a fan gets into a verbal altercation with a fan from the opposing team. The argument becomes more intense, and in a moment of excitement and frustration, one fan throws a half-empty plastic cup of soda in the direction of the other. The soda splashes on the other person, and some of it gets in their eyes, causing temporary stinging and discomfort. The person who was splashed calls security, and the fan who threw the cup is removed from the stadium and later charged with simple assault.
While throwing a cup of soda may seem minor to some, the prosecution can argue that it constitutes a willful act that caused bodily injury (the stinging in the eyes). This is a prime example of how a seemingly insignificant action can lead to serious legal trouble. A defense attorney in this case would work to minimize the severity of the incident, arguing that there was no intent to cause any real harm and that a criminal charge is a disproportionate response to the situation. Without a strong defense, this fan could end up with a criminal record that follows them long after the game has ended.
Building Your Defense: How I Fight Simple Assault Charges in Fargo
When you are facing a simple assault charge, the prosecution will do everything in its power to secure a conviction. They will present evidence, call witnesses, and craft a narrative that portrays you in the worst possible light. A defense is not just important; it is your fundamental right and your best hope for a positive outcome. My approach to defending my clients is proactive and aggressive. I do not simply wait to see what the prosecution has planned; I launch my own investigation, identify the weaknesses in their case, and prepare to challenge them at every turn. Your future is too important to leave to chance, and a strong defense is the only way to protect it.
The prosecution’s version of events is just one side of the story, and it is often an incomplete and biased one. My job is to deconstruct their narrative and present the truth. This involves scrutinizing every piece of evidence, from police reports and witness statements to photographs and medical records. It means asking the tough questions: Did the police conduct a thorough and unbiased investigation? Are the witnesses credible? Does the evidence truly support the charge of simple assault? By challenging the prosecution’s case from every angle, we can create the reasonable doubt necessary to win an acquittal or negotiate a favorable resolution.
Challenging the Prosecution’s Evidence
The prosecution’s case is only as strong as the evidence they present. My first step in building your defense is to meticulously analyze every piece of evidence they have against you. This includes police reports, witness statements, photographs, medical records, and any other documentation they intend to use. I will look for inconsistencies, inaccuracies, and any violations of your constitutional rights. By systematically dismantling the prosecution’s evidence, we can often create enough doubt to have the charges reduced or even dismissed.
- Inconsistent Witness Statements: I will carefully compare all witness statements to identify any contradictions or discrepancies. A witness who changes their story over time or whose account conflicts with other evidence is not a credible witness. I will use these inconsistencies to undermine the witness’s testimony and weaken the prosecution’s case against you. This can be particularly effective in cases that rely heavily on he-said, she-said testimony, as it can create the reasonable doubt needed for an acquittal.
- Lack of Physical Evidence: The prosecution’s case is significantly weaker if there is little or no physical evidence to support the charge. I will highlight the absence of any visible injuries, medical records, or other corroborating evidence. If the alleged victim’s injuries are not consistent with the story they are telling, I will use that to challenge the credibility of their claims. A lack of concrete evidence can make it very difficult for the prosecution to prove their case beyond a reasonable doubt.
Scrutinizing the Actions of Law Enforcement
Police officers are human, and they can make mistakes. Sometimes, these mistakes can violate your constitutional rights and compromise the integrity of the case against you. I will conduct a thorough review of every action taken by law enforcement in your case, from the initial encounter to your arrest and interrogation. If I find that the police acted improperly, I will file motions to have any illegally obtained evidence suppressed, which can often lead to a dismissal of the charges.
- Illegal Search and Seizure: The Fourth Amendment protects you from unreasonable searches and seizures.8 If the police searched your person, your vehicle, or your home without a warrant or probable cause, any evidence they found may be inadmissible in court. I will carefully examine the circumstances of any search to determine if your rights were violated. Successfully challenging the legality of a search can be a powerful tool in your defense.
- Miranda Rights Violations: If you were in custody and interrogated by the police without being read your Miranda rights, any statements you made may be suppressed. The police are required to inform you of your right to remain silent and your right to an attorney. I will investigate the circumstances of your interrogation to ensure that your rights were respected. If they were not, I will fight to have your statements thrown out of court.
Arguing Self-Defense
In many simple assault cases, the accused was not the aggressor but was simply defending themselves or others from harm. North Dakota law allows you to use a reasonable amount of force to protect yourself if you have a reasonable fear of imminent bodily injury. If you acted in self-defense, I will work to gather evidence to support your claim, such as witness testimony, security footage, or a history of threats from the alleged victim.
- Proving Reasonable Fear: The key to a successful self-defense argument is demonstrating that you had a reasonable fear of being harmed. I will work to show that the other person’s actions, words, or past behavior gave you a legitimate reason to believe you were in danger. This can involve a detailed reconstruction of the events leading up to the incident to show the jury that your actions were a justified response to a perceived threat.
- Establishing Proportional Force: Your use of force in self-defense must be proportional to the threat you were facing. You cannot use deadly force to defend against a minor threat. I will argue that the force you used was reasonable and necessary under the circumstances. This may involve presenting expert testimony on the dynamics of violent encounters to help the jury understand why you acted as you did.
Highlighting Lack of Intent
To be convicted of simple assault, the prosecution must prove that you acted “willfully” or “negligently” with a dangerous weapon. If your actions were accidental or if you did not intend to cause harm, you cannot be found guilty of this crime. I will work to show that your actions were not intentional and that the resulting injury was an unfortunate accident. This can be a particularly effective defense in cases where the line between accidental and intentional conduct is blurry.
- Demonstrating Accidental Contact: I will gather evidence to show that any physical contact was unintentional. This might include witness testimony that you tripped and fell into the other person, or that you were flailing your arms in a non-threatening way and accidentally made contact. By providing a plausible alternative explanation for the physical contact, we can create reasonable doubt about your intent.
- Challenging the “Willfully” Element: The word “willfully” has a specific legal meaning. It means that you acted with the intent to cause the resulting injury. I will argue that you did not have the requisite intent to be found guilty of simple assault. For example, if you threw an object out of frustration but had no intention of hitting anyone, I will argue that your actions do not meet the legal definition of “willfully” causing bodily injury.
Your Questions About North Dakota Simple Assault Charges Answered
What is the difference between simple assault and aggravated assault in North Dakota?
The primary difference between simple assault and aggravated assault in North Dakota lies in the severity of the injury caused or the means by which the assault was committed. Simple assault typically involves “bodily injury,” which can be any physical pain, illness, or impairment.9 Aggravated assault, on the other hand, involves “serious bodily injury,” which is defined as an injury that creates a substantial risk of death or which causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.10 Aggravated assault is a more serious felony offense with much harsher penalties.
Can I be charged with simple assault if I didn’t actually touch anyone?
Yes, it is possible to be charged with assault even if you did not make physical contact with another person. If your actions caused another person to have a reasonable fear of imminent bodily injury, you could be charged with assault. For example, if you lunged at someone or swung your fist at them and missed, your actions could still be considered assault. The key is whether your actions would cause a reasonable person to believe they were about to be harmed.
What should I do if I am arrested for simple assault in Fargo?
The most important thing to do if you are arrested for simple assault is to remain silent and ask for an attorney immediately. You have the right to remain silent, and you should exercise that right. Do not try to explain your side of the story to the police, as anything you say can and will be used against you. Be polite and cooperative, but do not answer any questions about the incident until you have spoken with an experienced criminal defense attorney.
What are the long-term consequences of a simple assault conviction?
A simple assault conviction can have a lasting impact on your life, even if it is a misdemeanor. A criminal record can make it difficult to find a job, rent an apartment, or obtain a professional license.11 If the conviction is for a felony, you will lose your right to own a firearm and may lose your right to vote. A conviction can also have a negative impact on your personal relationships and your reputation in the community.
Is it possible to get a simple assault charge dismissed?
Yes, it is possible to get a simple assault charge dismissed. An experienced criminal defense attorney can review your case for any weaknesses, such as a lack of evidence, inconsistent witness testimony, or a violation of your constitutional rights. If such weaknesses are found, your attorney can file motions to have the charges dismissed. It may also be possible to negotiate a dismissal with the prosecutor in exchange for completing certain conditions, such as an anger management class.
What is a “bodily injury” under North Dakota law?
Under North Dakota law, “bodily injury” is defined very broadly. It includes any physical pain, illness, or any impairment of physical condition. This means that even a minor injury, such as a scratch, a bruise, or temporary pain, can be enough to support a simple assault charge. The lack of a serious injury does not mean you cannot be convicted of this crime.
What if I was acting in self-defense?
Self-defense is a valid legal defense to a charge of simple assault in North Dakota. If you can show that you had a reasonable fear of imminent bodily injury and that you used a reasonable amount of force to protect yourself, you may be acquitted of the charges. It is important to have an experienced attorney who can help you gather evidence and present a compelling self-defense argument in court.
Can I be charged with simple assault for a fight that was mutual?
Yes, you can be charged with simple assault even if the other person agreed to fight you. Mutual combat is not a legal defense to assault in North Dakota. If you willfully cause bodily injury to another person, you can be charged with assault, regardless of whether they consented to the fight.
Will I have to go to jail for a simple assault conviction?
A conviction for a Class B misdemeanor simple assault carries a maximum sentence of 30 days in jail. A conviction for a Class C felony simple assault carries a maximum sentence of 5 years in prison.12 Whether or not you will have to serve jail time will depend on the specific facts of your case, your criminal history, and the arguments made by your attorney. An experienced attorney can often negotiate a sentence that does not include jail time.
How much does it cost to hire a lawyer for a simple assault case?
The cost of hiring a lawyer for a simple assault case will vary depending on the complexity of your case and the experience of the attorney. Most criminal defense attorneys charge a flat fee for misdemeanor cases and an hourly rate for felony cases. It is important to discuss the attorney’s fees upfront so that you know what to expect. While a good attorney can be a significant investment, the cost of not having one can be much higher.
Can a simple assault conviction be expunged from my record?
In some cases, a simple assault conviction can be expunged from your record. The eligibility requirements for expungement will depend on the level of the offense and the amount of time that has passed since you completed your sentence. An experienced attorney can help you determine if you are eligible for an expungement and can guide you through the process.
What happens if the alleged victim doesn’t want to press charges?
The decision of whether or not to press charges is ultimately up to the prosecutor, not the alleged victim. The prosecutor can choose to move forward with the case even if the alleged victim does not want to cooperate. However, a reluctant witness can make the prosecutor’s case much more difficult to prove, which may lead to a dismissal of the charges or a more favorable plea offer.
What is a no-contact order?
A no-contact order is a court order that prohibits you from having any contact with the alleged victim.13 This includes in-person contact, phone calls, text messages, emails, and any contact through a third party. A violation of a no-contact order is a separate criminal offense that can result in additional jail time and fines.
How can a lawyer help me if I’m facing a simple assault charge?
An experienced criminal defense lawyer can help you in many ways. They can review your case for any weaknesses, advise you of your legal options, negotiate with the prosecutor on your behalf, and represent you in court. A lawyer can also help you protect your rights and ensure that you are treated fairly throughout the legal process.14
Should I just plead guilty to get it over with?
Pleading guilty to a simple assault charge without first consulting with an attorney is a big mistake. A guilty plea will result in a criminal conviction that will have a lasting impact on your life. An experienced attorney may be able to get the charges against you reduced or dismissed, or may be able to negotiate a sentence that avoids a criminal conviction. You should never plead guilty until you have had a chance to discuss your case with a qualified legal professional.
Your Future Is Worth Fighting For
A simple assault conviction can follow you for the rest of your life, long after you have served your sentence and paid your fines. The collateral consequences of a criminal record can be just as damaging as the legal penalties, if not more so. A conviction can create a significant barrier to employment, as many employers are hesitant to hire someone with a history of violence.15 It can also make it difficult to find housing, as landlords often run background checks on potential tenants. A simple assault conviction can even impact your ability to get a loan or obtain a professional license. These are not just minor inconveniences; they are life-altering consequences that can limit your opportunities and prevent you from reaching your full potential.
Impact on Your Livelihood and Career
In today’s competitive job market, a simple assault conviction can be a major red flag for potential employers. Many companies have policies against hiring individuals with a criminal record, particularly for offenses that are considered violent. Even if you are not automatically disqualified, you may be required to explain the circumstances of your conviction, which can be an uncomfortable and embarrassing experience. A conviction could also jeopardize any professional licenses you currently hold, such as a teaching license, a nursing license, or a commercial driver’s license. The loss of your career can have a devastating impact on your financial stability and your ability to provide for yourself and your family.
Threats to Your Constitutional Rights
A felony simple assault conviction will result in the loss of some of your most fundamental constitutional rights. In North Dakota, convicted felons lose their right to own a firearm. You may also lose your right to vote while you are incarcerated or on probation. These are not just abstract legal concepts; they are the cornerstones of our democracy. The loss of these rights can be a deeply personal and disheartening experience, and it is a stark reminder of the long-term consequences of a felony conviction.
I Know the Fargo Courts and the Prosecution
Navigating the criminal justice system in Fargo requires more than just a knowledge of the law; it requires an intimate understanding of the local courts, judges, and prosecutors. I have spent years practicing criminal defense in this community, and I have developed a reputation as a fierce advocate for my clients. I know the tendencies of the prosecutors, the preferences of the judges, and the most effective strategies for achieving a successful outcome in a Fargo courtroom. This local knowledge can be a significant advantage in your case, as it allows me to anticipate the prosecution’s moves and tailor my defense strategy accordingly.
A Single Mistake Shouldn’t Define Your Life
Everyone makes mistakes. A momentary lapse in judgment should not have to define the rest of your life. I believe in second chances, and I will fight to ensure that you get one. My goal is not just to win your case but to help you move forward with your life. I will work tirelessly to achieve the best possible outcome for you, whether that means a dismissal of the charges, a reduction to a lesser offense, or a sentence that allows you to avoid a criminal conviction. You are more than the charges you are facing, and you deserve a future that is not limited by a single mistake. Let me help you fight for it.