
First-Degree Assault
First-degree assault is when a person commits either an assault with a dangerous weapon or an assault that causes serious bodily harm.
There are also charges related to first-degree assault with a dangerous weapon. To be convicted of this charge, you must have committed the crime in one of three ways:
- You inflicted severe bodily injury on another person using any type of dangerous weapon (including firearms, knives, and other sharp objects).
- You used unreasonable force against someone and caused them to suffer severe bodily injury. This can include kicking him or her in the head repeatedly until unconsciousness.
- You recklessly caused permanent disfigurement or disability to someone else by shooting him or her in the face and blinding them for life.
The potential punishment for this level of offense is up to 20 years in prison and/or a fine of up to $30,000 in Minnesota.
Second-Degree Assault
Second-degree assault penalties for conviction can include several years in prison and thousands of dollars in fines. The judge will determine what type of sentence you receive based on the circumstances surrounding your case. If you are convicted of second-degree assault and you have no prior record, then you may be eligible for probation with no jail time. If you do have a prior record, then there is no guarantee that your sentence will not include some amount of incarceration. However, it will depend on how much time is recommended by both your criminal defense attorney and the prosecutor.
Third-Degree Assault
Third-degree assault is the least serious of the three main assault charges. It can be charged as either a misdemeanor or gross misdemeanor, depending on the circumstances of your particular case. You could be convicted of third-degree assault even if no one was injured or seriously hurt, but if you hit a pregnant woman in the stomach, then you can also be charged with aggravated assault because that would put her at risk of injury (or even death). Similarly, for example, if you’re 18 years old or older and you are accused of beating up a 17-year-old male without good reason to do so, then this too would qualify as an aggravated assault charge.
Fourth-Degree Assault
Fourth-Degree Assault is a misdemeanor. It can be charged as a gross misdemeanor if the victim suffers substantial bodily harm. If the victim suffers great bodily harm or permanent disability, then the Fourth-Degree Assault can be charged as either a gross misdemeanor or felony.
Fifth-Degree Assault
If you are charged with fifth-degree assault, you may be charged as a gross misdemeanor or a felony. Your case will depend on the circumstances of the case, so it is important to make sure that you have an experienced attorney who knows how these cases work.
In most situations, assault is usually charged as a misdemeanor unless:
- The crime involved physical harm to another person
- The crime involved domestic violence
- The crime involving child abuse or neglect
Fifth-degree assault is considered to be the least serious classification. However, you can still be sentenced to up to 90 days in jail and a $1000 fine. Plus, a charge like this can cause permanent damage to your criminal record. It’s important to contact a local assault attorney to protect you from these charges.
Domestic Assault Charges in Minnesota
In Minnesota, the law defines assault as an attempt to harm another person. The person may have intended to cause harm, or they may have just acted in a way that would likely cause harm if the person did not defend themselves. A person can be charged with assault even if they don’t touch anyone and never make physical contact with them.
The punishment for assault will depend on:
- Whether it was a felony or misdemeanor;
- How serious your injuries were;
- How bad any property damage was; and/or
- Whether you used weapons like guns or knives in committing the crime.
Domestic Violence Criminal Defense Attorney in Wayzata MN
This article has explored the various types of assault and some legal definitions you should know. Assault is a serious crime and can lead to jail time or even prison time depending on the circumstances of the case. It is important to understand what type of assault charge you are facing so that you can prepare accordingly with an experienced attorney who knows how Minnesota handles these cases. Lauren Campoli is a Criminal Defense lawyer with experience in domestic violence cases. Contact Lauren Campoli Defense, located in Wayzata, Minnesota for more information.
