Assault penalties are extremely serious. Minnesota has 5 levels, or degrees, of assault currently on the books. These offenses range from misdemeanors to felonies, and the level of offense depends on a variety of factors.
Assault Crimes in Minnesota
- 1st-Degree Assault – This is the most serious type of assault charge in Minnesota. It is a felony, with a maximum punishment of 20 years in prison and a $50,000 fine. First Degree Assault is charged if the victim sustains “Great Bodily Harm”, which is defined as an injury which creates a high probability of death, or cause permanent disfigurement or loss of a bodily function.
- 2nd-Degree Assault – This is an assault with a dangerous weapon. It is a felony, with a maximum punishment of 7 years in prison and a $14,000 fine. If “Substantial Bodily Harm” results from the assault, and the maximum punishment is 10 years in prison and a $20,000 fine. Substantial Bodily Harm is defined as an injury that results in temporary but substantial disfigurement, or a temporary but substantial disfigurement or loss of bodily function.
- 3rd-Degree Assault – This level is still a felony, with a maximum punishment of 5 years in prison and a $10,000 fine. Third Degree Assault is charged if the victim suffers Substantial Bodily Harm as a result of the assault.
- 4th-Degree Assault – This offense is a Gross Misdemeanor, with a maximum punishment of 1 years in jail and a $3,000 fine. Fourth Degree Assault is charged if the victim is a school official, police officer, EMT, firefighter, or someone else working in the line of duty.
- 5th-Degree Assault – This offense is a misdemeanor if it your first offense. It carries a maximum penalty of 90 days in jai and a $1,000 fine. If there are prior assault convictions on your record, a Fifth Degree Assault charge can be enhanced to a Gross Misdemeanor of a Felony.
Contact A Minnesota Assault Attorney
Carson J. Heefner has over 20 years experience representing individuals who are charged with assault in the State of Minnesota. If you or someone you know has been accused of assault, contact Carson at 612-202-8971 or carson@heefnerlaw.com for a free consultation.