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Levels of Assault in Minnesota

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Levels of Minnesota Assault Charges

Assault charges are always serious, and a conviction for assault comes with many negative repercussions. An individual convicted of assault may be looked at as “violent” or “angry” without others even knowing the details of the case. This stigma can have a lasting impact, so it’s very important to fight back against assault charges.

There are five levels of assault charges in Minnesota. Some are misdemeanors, and others are felonies. If you have recently been charged with assault in Minnesota, you should get familiar with the level of assault you’re charged with. You should also hire a Minnesota criminal defense attorney who can help you prepare your defense and reach a favorable outcome in your case. What follows is a list of the five levels of assault charges in Minnesota.

Severity of Assault Charges in Minnesota

Assault charges in Minnesota vary according to the severity of the injury suffered and the relationship between the victim and the accused. Minnesota assault statutes define assault crimes ranging in degree from 5th degree, a misdemeanor, to 1st degree, a felony. With the increased severity of a charge comes the potential for more severe punishment if you are convicted.

Certain circumstances which can enhance, or increase, the severity of an assault charge include:

  • The incident causing substantial or great bodily harm
  • The involvement of a weapon
  • An assault committed because of bias or prejudice
  • A victim who was a law enforcement officer, and
  • A victim who was vulnerable due to being a minor, disabled, or being elderly

Explore Levels of Assault Charges in Minnesota

Sieben Edmunds Miller
Fifth Degree Assault

This is the most common assault charge in our state. It is a misdemeanor, punishable by up to 90 days in jail and a $1,000 fine. To be charged with Fifth Degree Assault, an individual must either “intend to cause fear of bodily harm or injury” or “intentionally inflict or attempt to inflict bodily harm.”

Fourth Degree Assault

Fourth Degree Assault is essentially the same as Fifth Degree Assault, but the alleged crime must have been perpetrated against either a public servant or someone the assaulter has a personal bias against. This charge is a gross misdemeanor and its punishments include a maximum of one year in prison and a $3,000 fine.

Third Degree Assault
This is the least serious of the felony assault charges, but that doesn’t mean you don’t face significant repercussions if convicted of Third Degree Assault – in fact, you could face 5 years in prison and $10,000 in fines.
Second Degree Assault

Second Degree Assault involves the use of a dangerous weapon, which makes it a very serious accusation. A dangerous weapon could include a gun, a knife, another sharp object, a vehicle…anything that can cause significant damage to a person. You could face 20 years in prison if you are convicted of Second Degree Assault, in addition to a hefty $10,000 fine.

First Degree Assault

This is the highest level of assault. It is a felony and carries a possible 30 year prison sentence and/or a $30,000 fine. To be charged with First Degree Assault, an individual must have caused “great bodily harm” during the assault or used deadly force against a police or correctional officer.

Minnesota Assault Defense Attorneys

Whatever level of assault you have been charged with, you need an aggressive and knowledgeable Minneapolis Criminal Defense Lawyers and St.Paul Criminal Defense Lawyers attorney on your side to help you navigate your case. The firm of Sieben Edmunds Miller can help. Our team has experience Domestic Assault Lawyers defending against a variety of assault charges, and we have obtained numerous positive outcomes for our clients. Call us at (651) 323-2464.

Get a Free Case Evaluation

We are here to help. Let us evaluate your case for you. Free of charge – no obligation. Complete our free case evaluation form or call us directly at (651) 323-2464.

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