Practice Areas

Assault Crimes

There are different types of assault in Minnesota.

A 5th-degree assault is when someone: (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.

If you have no priors this offense is a misdemeanor, punishable up to 90 days in jail and a $1,000 fine.

A 5th-degree assault can be charged a gross misdemeanor, punishable up to 365 days in jail and a $3,000 fine when a person commits an offense against the same victim with ten years of a previous qualified domestic violence offense conviction or an adjudication of delinquency.

Or commits an offense against different victims within three years of a previous qualified domestic violence offense conviction or an adjudication of delinquency.

Previous qualified domestic violence offenses:  first degree murder, second degree murder, first degree assault, second degree assault, third degree assault, fourth degree assault, fifth-degree assault, domestic assault, domestic assault by strangulation, first- degree criminal sexual conduct, second-degree criminal sexual conduct, third-degree criminal sexual conduct, malicious punishment of a child, terroristic threats, violation of a harassment restraining order, stalking, interference with an emergency call, violate of a domestic abuse no contact order.

Adjudicate of delinquency:  A conviction for a juvenile offense.

5th Degree Assault can be charged as a Felony, punishable up five years in prison and a $10,000 when a person commits an offense against the same victim within ten years of the first of any combination of two or more previously qualified domestic violence-related offense convictions or adjudications of delinquency.

Or commits an offense against different victims with three years of a prior qualified domestic violence conviction of adjudications of delinquency.

A Fourth Degree Assault can be charged when a person physically assaults a peace officer when that officer is effecting a lawful arrest or executing any other duty imposed by law is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.

If the assault inflicts demonstrable bodily harm or the person intentionally throws or otherwise transfers bodily fluids or feces at or onto the officer, the person is guilty of a felony and may be sentenced to imprisonment for not more than three years or payment of a fine of not more than $6,000, or both.

A Fourth Degree Assault can also be charged as for assaulting firefighters and emergency medical personnel. Whoever assaults any of the following persons and inflicts demonstrable bodily harm is guilty of a felony and may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $4,000, or both: if the assault occurs against a member of a municipal or volunteer fire department or emergency medical services personnel unit in the performance of the member's duties; or a physician, nurse, or other person providing health care services in a hospital emergency department.

A Fourth Degree Assault can also be an assault motivated by bias. Whoever assaults another because of the victim's or another's actual or perceived race, color, religion, sex, sexual orientation, disability, age, or national origin may be sentenced to imprisonment for not more than one year or payment of a fine of not more than $3,000, or both. Whoever commits an another assault by bias within five years of a previous conviction of an assault by bias is guilty of a felony and may be sentenced to imprisonment for not more than one year and a day or payment of a fine of not more than $3,000, or both. 

A Third Degree Assault can be charged when a person assaults another and inflicts substantial bodily harm may be sentenced to imprisonment for not more than five years or payment of a fine of not more than $10,000, or both.

A Second Degree Assault can be charged when a person assaults another with a dangerous weapon may be sentenced to imprisonment for not more than seven years or payment of a fine of not more than $14,000, or both.  Whoever assaults another with a dangerous weapon and inflicts substantial bodily harm may be sentenced to imprisonment for not more than ten years or  payment of a fine of not more than $20,000, or both.

Minnesota Statute 609.11 says that a person convicted of a second-degree assault with a dangerous weapon faces a mandatory minimum is a 21-month sentence.  If that dangerous weapon is a firearm the mandatory minimum is a 36-month sentence.

A First Degree Assault can be charged when a person assaults another and inflicts great bodily harm may be sentenced to imprisonment for not more than 20 years or  payment of a fine of not more than $30,000, or both.

If a person with zero criminal history faces a presumptive 86-month sentence if they are convicted of a first-degree assault.

See Minn. Stat. 609.221-609.224

 

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