Assault involves intimidating or threatening to harm someone, with or without a weapon, but without physical contact. Battery involves actually injuring or attempting to injure someone through physical contact. While some jurisdictions treat these offenses separately, Minnesota’s assault statutes encompass both offenses. This can create complications for individuals accused of violent crimes in Minnesota. However, there are different degrees of assault charges in Minnesota to account for different criminal acts.
Fifth-Degree Assault in Minnesota
In Minnesota, fifth-degree assault involves intentionally causing someone to fear imminent injury or death. Fifth-degree assault charges may also apply if someone injures or attempts to injure another person. Fifth-degree assault is usually a misdemeanor, and the penalties include up to 90 days in jail and a fine of up to $1,000. However, fifth-degree assault is a gross misdemeanor (a more severe offense) if it involves domestic assault against the same victim within 10 years or three years of certain prior domestic violence offenses. In these circumstances, the penalties for fifth-degree assault include up to 364 days in jail and a fine of up to $3,000.
Fourth-Degree Assault in Minnesota
Fourth-degree assault in Minnesota is similar to fifth-degree assault, except the victim is a member of a specific protected class. Protected individuals under this statute include police officers, firefighters, EMTs, correctional officers, and school officials. Fourth-degree assault charges may also apply if the offender committed the assault out of prejudice or bias (for example, if the offender attacked someone of a different race or nationality). Fourth-degree assault can be a gross misdemeanor or felony, depending on the offender’s actions and the victim’s status. In certain felony cases, this charge carries up to three years in prison.
Third-Degree Assault in Minnesota
Third-degree assault charges in Minnesota apply in cases where the offender inflicts substantial bodily harm. According to the legal definition, substantial bodily harm involves temporary but significant disfigurement or loss or impairment of a bodily function or organ. Substantial bodily harm also includes any bone fractures. Third-degree assault is always a felony and carries up to five years in prison.
Second-Degree Assault in Minnesota
In Minnesota, second-degree assault involves threatening to harm someone or actually injuring them while using a deadly weapon. This charge is always classified as a felony. If the assault only involves threats, the charge carries up to seven years in prison. However, the charge carries up to 10 years in prison if the offender inflicts substantial bodily harm.
First-Degree Assault in Minnesota
Finally, first-degree assault charges apply in cases where the offender inflicts great bodily harm or uses or attempts to use deadly force against specific protected individuals. “Great bodily harm” means the victim suffered an injury that’s likely to be fatal, causes severe permanent disfigurement, or causes the permanent or long-term impairment of a bodily function. Protected individuals in these cases include police officers, prosecuting attorneys, judges, or correctional officers. First-degree assault is the most severe level of assault in Minnesota and carries up to 30 years in prison, depending on the facts of the case.
Contact a Minnesota Assault Defense Attorney Now
Attorney Alec M. Duffy has won many awards for his legal services and can provide the robust defense you need if you face assault charges in Minnesota. Call Duffy Defense, PLLC, now or complete our contact form for a free consultation.