In most harmful physical interactions, battery and assault come hand in hand: assault generally being the threat of the action and battery being the harmful action itself. Interestingly, Minnesota is one of a few states that do not have battery laws in place. Instead, these crimes are handled as varying degrees of assault. This article will explore the degrees of assault and the potential consequences of assault charges in Minnesota.
Assault In Minnesota
Assault is generally defined as causing or attempting to cause physical harm or fear of physical harm in another person. Neither physical harm nor physical contact is required in order for an assault to take place. Here’s a look at the five degrees of assault in Minnesota.
Fifth Degree
Fifth degree assault a misdemeanor where someone intentionally attempts to injure, actually injures, or causes fear of injury to another. The punishment is up to 90 days in jail and/or a $1,000 fine.
The charge becomes a gross misdemeanor if a domestic assault charge occurred in the last ten years or a firearm was used. The potential penalty for a gross misdemeanor is up to a year in jail and/or a $3,000 fine. Further, it can become a felony if there have been two or more offenses in the last 10 years. The punishment then can extend to up to five years in prison and/or a $10,000 fine.
Fourth Degree
Fourth degree assaults are against people actively working in a specific occupation. These include but are not limited to:
- Certain Department of Natural Resources employees
- Correctional Department employees
- Emergency medical personnel
- Firefighters
- Peace officers
- Postal Service employees
- Public Works employees
- School officials
This degree also pertains to bias related assaults such as race, religion, age, or gender. These charges range from gross misdemeanors to felonies with varying punishments, the most serious being up to two years in prison and/or a $4,000 fine.
Third Degree
An assault falls into third degree if “substantial bodily harm” is inflicted. This degree includes assaults on minors and certain injuries to children under the age of four. The penalties are up to five years in prison and/or a $10,000 fine.
Second Degree
These assaults involve a dangerous weapon and result in up to seven years in prison and/or a $14,000 fine. A dangerous weapon plus substantial bodily harm can lead to 10 years in prison and/or a $20,000 fine.
First Degree
The most serious assault charge is one that causes great bodily harm or if deadly forced used against a correctional employee, peace officer, judge, or prosecuting attorney while on duty. This results in up to 20 years in prison and/or a $30,000 fine.
When it comes to an assault charge, it’s important to know that physical contact doesn’t need to take place for charges to be brought against you. Moreover, if you have a history of assaults, the incident involved a weapon or was against a protected class of people, you can expect to face a more serious charge, which will carry stronger potential penalties.
Based on the nature of the crime, an assault charge can have significant real-world ramifications. Aside from the possibility of jail time and fines, an assault can cost you your job, your housing, or your admission at school, so don’t take these charges lightly. Instead, hire a defense lawyer with a proven track record defending and winning these cases. To learn more about what our team can offer you, reach out to Avery and the experienced criminal defense lawyers at Appelman Law Firm today at (952) 224-2277.
