Examples of ASSAULT include threatening to hit or kill someone, threatening to harm someone with a weapon, throwing an object at someone, and more. In the state of Minnesota, there are five degrees to assault, with assault in the first-degree being the most severe offense. Consequences and penalties will vary depending on the degree, which makes it crucial for you to hire a competent lawyer with experience handling assault cases. At Aberrant Law, we work hard to defend your rights and to minimize the consequences. Contact us now at 651-364-1508 to see how we can help.
To commit assault in the first-degree means that you are guilty of assaulting another person and causing great bodily harm, and may result in a sentence to imprisonment for up to 20 years and/or a payment of a fine no more than $30,000. This is a felony, as per MN Statute 609.221.
Use of deadly force
Additionally, assaulting a peace officer, prosecuting attorney, judge, or correctional employee (such as those who work at private prisons, jails, and workhouses) would be considered an assault in the first-degree. This is a felony, and to be convicted may lead to being sentenced to no less than 10 years and no more than 20 years in prison, the payment of a fine no more than $30,000, or both, according to MN Statute 609.221.
To commit assault in the second-degree means that you are guilty of assaulting another and also involves the use of a dangerous weapon. This may lead to being sentenced to imprisonment for no more than 7 years and/or a payment of a fine of no more than $14,000. Not surprisingly, if you assault another person and inflict substantial bodily harm, sentencing may be increased to no more than 10 years in prison and/or paying a fine that is no more than $20,000. This is also a felony-level offense, as per MN Statute 609.222.
Under Minnesota law, committing assault in the third-degree is considered a felony-level offense and can mean one of three things as per MN Statute 609.223:
Substantial bodily harm
Whoever assaults another person and inflicts substantial bodily harm is guilty of third-degree assault and may be sentenced to prison for up to 5 years and/or payment of a fine that is no more than $10,000. “Substantial bodily harm” means a bodily injury that is temporary, but disfigures or impairs a body part, such as a broken bone.
Past pattern of child abuse
Committing assault in the third-degree can also involve inflicting harm on a minor. Those with a history of child abuse against the minor may face imprisonment for up to 5 years and/or payment of a fine up to $10,000.
Victim under four
Additionally, you are guilty of committing assault in the third-degree if you harm a victim who is under 4 years of age, especially causing bodily harm to the victim’s head, eyes, neck, or otherwise causing substantial bruising to the child’s body. You may be sentenced to imprisonment for no more than 5 years, to payment of a fine no more than $10,000, or both.
To commit assault in the fourth-degree means that you are guilty of assaulting a peace officer, firefighter, a Department of Natural Resources employee, a correctional facility employee, a secure treatment facility employee, a school official, a vulnerable adult, and other similar public employees with mandated duties. It can also mean that you have committed assault that is motivated by bias, such as harming another individual for their perceived race, color, religion, sex, sexual orientation, and/or their disability. Fourth-degree assault is typically considered a gross misdemeanor-level offense. However, it may be raised to the felony level if demonstrable bodily harm is inflicted, as per MN Statute 609.2231.
Assault in the fifth-degree is considered a misdemeanor and is considered the lowest level of assault.
What should I do?
Contact us at 651-364-1508 to see how we can help with your case.
Frequently Asked Question
Minnesota law makes it a crime to operate a motor vehicle and they define the term motor vehicle as “every vehicle that is self-propelled and every vehicle that is propelled by electric power obtained from overhead trolley wires. the term includes motorboats in operation and off-road recreation vehicles, but does not include a vehicle moved solely by human power. So your ATV’s, electric scooters and bikes, boats, jetskis, and yes, even your tractors, are fair game.