Like most crimes here in Minnesota, an assault charge can be upgraded to a more serious charge if certain factors are present. That would take your charge from assault to aggravated assault. But what needs to happen for a criminal assault charge to be upgraded to aggravated assault? In today’s blog, we explore what would cause an assault charge to be upgraded to aggravated assault.
When Assault Become Aggravated
Before we dive into what causes the charge to be upgraded, let’s first look at the simple charge of assault. In Minnesota, assault is defined as:
“Assault” is: (1) an act done with intent to cause fear in another of immediate bodily harm or death; or. (2) the intentional infliction of or attempt to inflict bodily harm upon another.”
Many people assume that physical contact needs to be made in order for an assault to take place, but that’s not true. Any act with the intent to cause the fear of bodily harm is enough for assault charges to be brought against an individual.
So how does an assault charge get upgraded to aggravated assault? This occurs when certain factors are present during the incident. Some of those factors include:
- The use of a dangerous weapon – Firearm, knife, brass knuckles or something capable of inflicting even more damage on an individual.
- Causing serious bodily harm – If you send someone to the hospital or they require immediate medical attention, charges could be upgraded.
- Targeting certain individuals – If the assault occurs towards a protected class, like a police officer, lawmaker or EMT, the charge will be upgraded.
You may be surprised to learn that aggravated assault is actually a felony-level offense in Minnesota. As such, it comes with significant potential consequences, including:
- Between 5-20 years in prison based on what level of aggravated assault you are charged with.
- Fines ranging up to $30,000.
- A mark on your criminal record, which could impact your job, your ability to obtain housing, your immigration status or your child custody arrangement.
As you can see, an aggravated assault charge can have long-lasting ramifications for your life, so it’s not something you should take lightly. If you are facing an aggravated assault charge (heck, even if you’re facing a simple assault charge), you need to have a criminal defense lawyer by your side. They can help develop a strong defense and ensure you avoid a worst case scenario. Let our team figure out the best path forward for you. For more information, or for help with a different criminal matter, reach out to the team at Appelman Law Firm today at (952) 224-2277.
