What is Assault in Minnesota?
The attorneys at Appelman Law Firm, LLC can clarify what assault is and how it will affect you and your loved ones. The state of Minnesota defines assault as any instance of an individual inflicting harm on another individual. Assault in the state of Minnesota is defined by the degree of it's severity. The attorneys at Appelman Law Firm, LLC have provided you with a list of the degrees of assault in the state of Minnesota below:
First Degree Assault - Felony
1) Whoever assaults another and inflicts great bodily harm or,
2) Whoever uses deadly force against peace officer or correctional employee or,
3) Whoever attempts to use deadly force against the officer or employee while the officer or employee is engaged in the performance of duty imposed by law is guilt of first degree assault.
Second Degree Assault - Felony
1) Whoever assaults another with a dangerous weapon may be sentenced to imprisonment for not more than seven years or to payment of a fine of not more than $14,000, or both.
2) Whoever assaults another with a dangerous weapon and inflicts substantial bodily harm is guilty of second-degree assault and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.
Third Degree Assault - Felony
1) Whoever assaults another and inflicts substantial bodily harm or;
2) Whoever assaults a child and has a pattern of assaultive behavior upon a child or;
3) Whoever assaults a victim under the age of four, and causes bodily harm to the child's head, eyes, or neck, or otherwise causes multiple bruises to the body, is guilty of third-degree assault. Punishable by imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
Fourth Degree Assault - Felony or Gross Misdemeanor
An individual who assaults a peace officer, firefighter, emergency room doctor or nurse, natural resources employee, assaults a correctional employee or secured facility employee, certain public employees, school officials, community crime prevention group members, or an individual who engages in assault behavior driven by bias is guilty of fourth-degree assault in Minnesota. This crime is punishable depending upon who the alleged assault was against. The crimes range from a possible year in jail and $3,000 fine, or both to three years or to payment of a fine of not more than $6,000, or both.
Fifth Degree Assault - Misdemeanor or Gross Misdemeanor
1) Whoever commits an act with intent to cause fear in another of immediate bodily harm or death; or
2) Whoever intentionally inflicts or attempts to inflict bodily harm upon another is guilty of assault in the 5th degree.
Punishable as a misdemeanor with the possibility of up to 90 days in jail and/or a $1,000 fine for a first offense. If it is a second conviction within 10 years and there is the same victim, this offense is a Gross Misdemeanor and is punishable by up to a year in jail and a $3,000.00 fine.
Domestic Assault - Misdemeanor or Gross Misdemeanor
Whoever does any of the following against a family or household member is guilty of a misdemeanor:
(1) Commits an act with intent to cause fear in another of immediate bodily harm or death; or
(2) Intentionally inflicts or attempts to inflict bodily harm upon another.
Punishable as a misdemeanor with the possibility of up to 90 days in jail and/or a $1,000 fine. However, if you are convicted of a second offense within ten years of a previous qualified domestic violence-related offense conviction or adjudication you will be found guilty of a gross misdemeanor.
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