Assault Crime
An assault crime in Minnesota is broadly defined as intentionally causing bodily harm to another person or intentionally causing fear of bodily harm in another person. We know this area of the law. And we have achieved successful results in a wide range of cases. We have defended very difficult cases in many counties throughout the state of Minnesota.
Assault crimes vary by degree from First Degree (the most serious) to Fifth Degree (the least serious). Depending on the degree of assault crime charged, a person may face a misdemeanor, gross misdemeanor, or felony charge. The possible consequences in the case of a conviction range from probation to years in prison.
“Assault” is defined by the Minnesota Criminal Code as “an act done with intent to cause fear in another of immediate bodily harm or death; or the intentional infliction of or attempt to inflict bodily harm upon another.”
FIRST DEGREE ASSAULT CRIME
First Degree Assault is defined as conduct where the actor inflicts great bodily harm upon another. “Great bodily harm” is defined as “bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm.”
A person convicted faces a statutory maximum sentence of up to 20 years imprisonment, a $30,000 fine, or both. Keep in mind that the Minnesota Sentencing Guidelines will instruct on what the appropriate sentence will be in a given case.
SECOND DEGREE ASSAULT CRIME
Second Degree Assault is defined as conduct where the actor commits an assault with a dangerous weapon. The definition of dangerous weapon is not limited guns and knives, but includes any device designed as a weapon and capable of causing death or great bodily harm and any device or instrumentality that, in the manner used, is likely to cause death or great bodily harm. This can include such objects as a baseball bat, a screwdriver, kitchen scissors, and any other household items that are capable of causing death or great bodily harm.
A person convicted faces a statutory maximum sentence of up to seven years imprisonment, a $14,000 fine, or both. Keep in mind that the Minnesota Sentencing Guidelines will instruct on what the appropriate sentence will be in a given case.
THIRD DEGREE ASSAULT
Third Degree Assault is defined as conduct where the actor inflicts substantial bodily harm upon another. “Substantial bodily harm” is defined as “bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member.” This definition does include a temporary loss of consciousness such as would occur when a person is “knocked out” from a punch or kick to the head.
A person convicted faces a statutory maximum sentence of up to five years imprisonment, a $10,000 fine, or both. Keep in mind that the Minnesota Sentencing Guidelines will instruct on what the appropriate sentence will be in a given case.
Although less commonly charged, there are other types of Third Degree Assault crimes in Minnesota. These include situations of past patterns of child abuse and certain types of assaults agains a child under the age of four. These are all serious crimes under Minnesota law.
FOURTH DEGREE ASSAULT
Fourth Degree Assault charges are less common. They include situations of assault against police officers, firefighters, and emergency medical personnel. Fourth Degree Assault also includes conduct against certain correctional employees, prosecutors, judges, probation officers, vulnerable adults, transit operators, school officials and assaults motivated by bias. A charge of Fourth Degree Assault will be a gross misdemeanor or felony, depending on the specific circumstances of the case. If you have been charged with Fourth Degree Assault, call our firm today.
FIFTH DEGREE ASSAULT
Fifth Degree Assault is defined as an act committed with intent to cause fear in another of immediate bodily harm or death or the intentional infliction or attempt to inflict bodily harm upon another. “Bodily harm” is defined as “physical pain or injury, illness, or any impairment of physical condition.” Notably, this includes any bodily pain; it is not necessary that the actor cause any visible marks or injuries to be charged with Fifth Degree Assault. A first offense is treated as a misdemeanor and is punishable by up to 90 days in jail, a $1,000 fine, or both. Fifth Degree Assault also includes domestic assault, which you can read about at our website here.
OUR ATTORNEYS HAVE A WEALTH OF EXPERIENCE IN DEFENDING AGAINST FELONY, GROSS MISDEMEANOR AND MISDEMEANOR ASSAULT CRIME CHARGES. OUR RESULTS SPEAK FOR THEMSELVES. IF YOU HAVE BEEN CHARGED WITH ANY LEVEL OF ASSAULT CRIME, CONTACT US FOR A NO-COST CONSULTATION. WE ARE AVAILABLE 24/7 TO ASSIST YOU.