Assault crimes in Minnesota are serious offenses. Even the most minor assault charge can impact your life and your job prospects for years to come. Because of this, it’s important to consider all your options when charged with assault in Minnesota.
To better understand your situation, we put together this list of the five degrees of assault in Minnesota. Learn more about each assault charge below.
5th Degree Assault
A 5th degree assault charge is the most common type of assault charge. A 5th degree assault charge in Minnesota is a misdemeanor offense that is punishable by up to 90 days in jail and a fine up to $1,000. To be charged with assault in the 5th degree, a person needs to “intend to cause fear of bodily harm or injury,” or “intentionally inflict or attempt to inflict bodily harm.” 5th degree assault can be upgraded to a gross misdemeanor or felony if the offender commits a second assault crime against the same victim.
4th Degree Assault
4th degree assault is essentially the same as 5th degree assault, but 4th degree occurs when the act is committed against a public servant, like a police officer, school official, medical personnel or person with which the assaulter has a “personal bias” against. 4th degree assault is considered a gross misdemeanor, meaning it is punishable by up to one year in prison and a fine up to $3,000.
3rd Degree Assault
A person charged with 3rd degree assault in Minnesota will face felony charges, which carry with it the potential of 5 years in prison and fines up to $10,000. In order for a person to be charged with 3rd degree assault, they must assault someone and “inflict substantial bodily harm.” Typically this means the victim has suffered a substantial injury, like a fracture or temporary disability.
2nd Degree Assault
2nd degree assault is one of the more serious types of assault charges because it involves the use of a dangerous weapon. It should be understood that a “dangerous weapon” isn’t synonymous with a firearm; a lot of items can be considered a dangerous weapon. Some of the more common items used during a second degree assault include a knife, glass bottle or even a person’s car. That said, any object designed to be/used as a weapon capable of causing death or great bodily harm can be enough to see the charge upgraded to a second degree felony assault charge. This crime carries the potential of 20 years in prison and a $10,000 fine.
1st Degree Assault
This is the most extreme type of assault charge, and it carries a possible sentence of 20 years in prison and a maximum fine of $30,000. There are two ways a person can be charged with assault in the first degree in Minnesota:
- Assaulting someone and causing “great bodily harm,” aka an injury that causes substantial risk of death or the loss or an organ, or
- Using deadly force against a police officer or correctional employee.
As you can see, a 1st degree assault charge carries significant penalties, and you’ll face an uphill battle defending yourself against someone who you’ve significantly harmed. If you’ve been charged with 1st degree assault, or any other lower assault charge, you should seek the help of a Minneapolis Assault attorney immediately.
