In Minnesota, assault is defined as intentionally causing fear of immediate physical harm or death, or intentionally inflicting or attempting to inflict physical harm upon another person. Let us recognize several different types of assault In Minnesota with Lauren Campoli’s Criminal Defense Attorney, each with its own set of elements and penalties.
S609.224 ASSAULT IN THE FIFTH DEGREE.
- Subdivision 1.Misdemeanor.
Whoever does any of the following commits an assault and is guilty of a misdemeanor:
- commits an act with intent to cause fear in another of immediate bodily harm or death; or
- intentionally inflicts or attempts to inflict bodily harm upon another.
- Subdivision 2.Gross misdemeanor.
Whoever does any of the following commits an assault and is guilty of a misdemeanor:
- Whoever violates the provisions of subdivision 1 against the same victim within ten years of a previous qualified domestic violence-related offense conviction or adjudication of delinquency 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.
- Whoever violates the provisions of subdivision 1 within three years of a previous qualified domestic violence-related offense conviction or adjudication of delinquency 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.
- Subdivision 3.Firearms.
- Except as otherwise provided in section 609.2242, subdivision 3, paragraph (c), a person is not entitled to possess a pistol if the person has been convicted after August 1, 1992, of assault in the fifth degree if the offense was committed within three years of a previous conviction under sections 609.221 to 609.224, unless three years have elapsed from the date of conviction and, during that time, the person has not been convicted of any other violation of this section. Property rights may not be abated but access may be restricted by the courts. A person who possesses a pistol in violation of this paragraph is guilty of a gross misdemeanor.
Fifth-degree assault:
The least severe type of assault in Minnesota involves the intentional infliction of bodily harm that results in pain or injury that is not serious. It is a misdemeanor offense with a maximum penalty of 90 days in jail and a $1,000 fine.
Fourth-degree assault:
Fourth-degree assault involves the intentional infliction of bodily harm that is not substantial or the use of words or actions that cause fear of immediate physical injury or death. It carries a maximum penalty of one year in jail and a $3,000 fine.
609.2231 ASSAULT IN THE FOURTH DEGREE.
- Subdivision 1.Peace officers.
- As used in this subdivision, “peace officer” means a person who is licensed under section 626.845, subdivision 1 , and effecting a lawful arrest or executing any other duty imposed by law.
- Whoever physically assaults a peace officer is guilty of a gross misdemeanor.
- Whoever commits either of the following acts against a peace officer is guilty of a felony and may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $6,000, or both: (1) physically assaults the officer if the assault inflicts demonstrable bodily harm; or (2) intentionally throws or otherwise transfers bodily fluids or feces at or onto the officer.
- Subdivision 2.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:
- 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.
- Subdivision 2a.Certain Department of Natural Resources employees.
Whoever assaults and inflicts demonstrable bodily harm on an employee of the Department of Natural Resources who is engaged in forest fire activities is guilty of a gross misdemeanor.
- Subdivision 3.Correctional employees; prosecuting attorneys; judges; probation officers.
Whoever commits either of the following acts against an employee of a correctional facility as defined in section 241.021, subdivision 1 paragraph (f), against a prosecuting attorney as defined in section 609.221, subdivision 2 paragraph (c), clause (4), against a judge as defined in section 609.221, subdivision 2 paragraph (c), clause (5), or against a probation officer or other qualified person employed in supervising offenders while the person is engaged in the performance of a duty imposed by law, policy, or rule 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:
- assaults the person and inflicts demonstrable bodily harm; or
- intentionally throws or otherwise transfers bodily fluids or feces at or onto the person.
Third-degree assault:
Third-degree assault is the intentional infliction of substantial physical harm or using a deadly weapon. It is a felony offense with a maximum penalty of five years in prison and a $10,000 fine.
609.223 ASSAULT IN THE THIRD DEGREE.
- Subdivision 1.Substantial bodily harm.
Whoever assaults another and inflicts substantial bodily harm may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
- Subdivision 2.Past pattern of child abuse.
Whoever assaults a minor may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the perpetrator has engaged in a past pattern of child abuse against the minor. As used in this subdivision, “child abuse” has the meaning given it in section 609.185 paragraph (a), clause (5).
- Subdivision 3.Felony; victim under four.
Whoever assaults a victim under the age of four, and causes bodily harm to the child’s head, eyes, or neck, or otherwise causes multiple bruises to the body, is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
Second-degree assault:
Second-degree assault involves intentionally inflicting bodily harm with a dangerous weapon or deadly force against a peace officer or other protected individual. It is a felony offense with a maximum penalty of 10 years in prison and a $20,000 fine.
609.222 ASSAULT IN THE SECOND DEGREE.
- Subdivision 1.Dangerous weapon.
Whoever assaults another with a dangerous weapon may be sentenced to imprisonment for not more than seven years or to payment of a fine of not more than $14,000, or both.
- Subdivision 2.Dangerous weapon; substantial bodily harm.
Whoever assaults another with a dangerous weapon and inflicts substantial bodily harm may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.
First-degree assault:
This is the most serious type of assault in Minnesota and involves the intentional infliction of great bodily harm or the use of deadly force against a peace officer or other protected individual intending to cause death. It is a felony offense with a maximum penalty of 20 years in prison and a $30,000 fine.
609.221 ASSAULT IN THE FIRST DEGREE.
- Subdivision 1.Great bodily harm
Whoever assaults another and inflicts great bodily harm may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $30,000, or both.
- Subdivision 2.Use of deadly force against peace officer, prosecuting attorney, judge, or correctional employee.
Whoever assaults a peace officer, prosecuting attorney, judge, or correctional employee by using or attempting to use deadly force against the officer, attorney, judge, or employee while the person is engaged in the performance of a duty imposed by law, policy, or rule may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $30,000, or both.
- Subdivision 3.Great bodily harm; peace officer, prosecuting attorney, judge, or correctional employee.
Whoever assaults a peace officer, prosecuting attorney, judge, or correctional employee and inflicts great bodily harm on the officer, attorney, judge, or employee while the person is engaged in the performance of a duty imposed by law, policy, or rule may be sentenced to imprisonment for not more than 25 years or to payment of a fine of not more than $35,000, or both.
- Subdivision 4.Use of dangerous weapon or deadly force resulting in great bodily harm against peace officer, prosecuting attorney, judge, or correctional employee.
Whoever assaults and inflicts great bodily harm upon a peace officer, prosecuting attorney, judge, or correctional employee with a dangerous weapon or by using or attempting to use deadly force against the officer, attorney, judge, or employee while the person is engaged in the performance of a duty imposed by law, policy, or rule may be sentenced to imprisonment for not more than 30 years or to payment of a fine of not more than $40,000, or both.
Contact Lauren Campoli Today To Speak to A Certified Criminal Law Specialist in Minnesota
If you are facing assault charges in Minnesota, let’s have a strategy session with Lauren Campoli, an experienced Criminal defense lawyer who can help you understand the charges and build a strong defense. As your lawyer, I will help you explore your legal options, negotiate with the prosecution, and work to protect your legal rights throughout the criminal justice process. Finding the right assault lawyer is difficult when facing criminal charges in Minneapolis. It would help to have an experienced and trustworthy attorney to fight for your rights and aggressively defend your case. With so many lawyers to choose from, it can be overwhelming to decide who to hire. However, with the help of a skilled assault lawyer, you can confidently navigate the legal system and achieve the best possible outcome for your case.