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Assault in Minnesota

Assault is a serious crime that can carry severe consequences. In the state of Minnesota, assault charges could result in significant penalties, including jail time and hefty fines. If you are facing assault charges in Minnesota, it is crucial to seek the assistance of a seasoned criminal defense attorney. Experienced legal professionals can provide you with the guidance and support you need to navigate the legal system and obtain a favorable outcome.

Under Minnesota law, the definition of assault is committing an intentional act that causes physical harm to another person, or creating the fear of physical harm. The law recognizes that creating fear of imminent bodily harm in another person is a punishable act of assault, even if the victim is not physically harmed. No actual contact between the perpetrator and the victim is necessary to prove assault.

Assault is considered a crime of violence against another person. The law classifies assault cases into two categories – simple assault and aggravated assault. The difference between the two categories is based on a victim’s degree of injuries and a perpetrator’s use of a lethal weapon. Simple assault is a less serious offense classified as a misdemeanor, while aggravated assault is classified as a felony, a serious offense that carries harsher fines and penalties.

Simple Assault vs. Aggravated Assault

Is defined as the act of intentionally inflicting bodily harm, attempting to inflict bodily harm, or acting in a way that causes fear of bodily harm to another person.

Is defined as the intent to cause bodily harm with the use of a deadly weapon such as a knife, gun, baseball bat, motor vehicle, flammable substance, or any other object that could inflict severe injuries or death. Assault becomes a felony when significant bodily harm occurs.

Degrees of Assault Charges

In Minnesota, there are several degrees of criminal assault charges ranging from first degree to fifth degree. The degree of the assault charge is based on physical injuries, the severity of physical injuries, and the use of a lethal weapon while committing the crime. First degree offenses are the most serious, while fifth-degree offenses are the least serious.

First-degree assault charges are the most serious. A first-degree assault is any act that causes great bodily harm to another person such as bodily disfigurement, loss of a limb, physical impairment, and increased risk of death. A first-degree assault conviction can result in fines up to $30,000 and prison time up to 20 years.

Second-degree assault charges usually involve a lethal weapon, whether the weapon is used or not. If no injuries occur, a second-degree assault conviction can result in fines up to $14,000 and up to 7 years in prison. If the use of the weapon results in substantial bodily harm, fines may be increased to $20,000 and prison time may be extended up to 10 years.

Third-degree assault charges include crimes against a minor (under 18 years old), or where a history of abuse against young children exists. When significant bodily harm occurs, a conviction can result in fines up to $10,000 and prison time up to 5 years.

Fourth-degree assault charges are misdemeanor charges. A conviction can result in fines up to $3,000 and up to 1 year in jail. If the charge is escalated to a felony, fines may be increased to $6,000 and jail time can be increased to a maximum of 3 years.

Fifth-degree assault charges are also misdemeanor charges. A conviction can result in up to $1,000 in fines and up to 90 days in jail. It’s important to note that fifth-degree assault charges are the least serious, but actual physical assault is not required for guilt. The court considers an attempt to cause fear of bodily harm enough for a conviction.