In Minnesota, Assault is an act done to cause fear of physical harm or the actual infliction of physical harm to another. If the state has charged you with assault or domestic assault, you are likely facing severe, life-altering penalties. The Minneapolis criminal defense attorneys at Brockton D. Hunter P.A. specialize in defending assault cases. Our assault attorneys have fought and won assault cases throughout Minnesota.
In Minnesota, Assault charges have five classifications ranging from misdemeanors to felonies.
First degree assault in Minnesota has two possible offenses. The first is an assault inflicting great bodily harm, and the second is an assault with deadly force against a police officer or correctional employee. This offense may be sentenced by up to 20 years in prison and/or up to a $30,000 fine.
Second degree assault in Minnesota occurs when a person assaults another with a dangerous weapon. The offense carries a sentence of up to 7 years in prison and/or up to a $14,000 fine, and if substantial bodily harm results, the sentence is up to 10 years in prison and/or up to a $20,000 fine.
There are three possibilities for third degree assault in Minnesota, all of which carry a prison sentence of up to 5 years and/or up to a $10,000 fine. First, if substantial bodily harm occurs. Second, if the assault is of a minor (child abuse) and the offender has a history of abuse against the minor. Third, if the assault is of a person under age four and bodily harm results.
In Minnesota, fourth degree assault has many variations. This crime covers assaults against public officials, such as postal service employees, reserve officers, school officials, firefighters, police officers, and DNR employees. The sentences could be up to 3 years in prison and/or up to a $6,000 fine. The offense level can either be a gross misdemeanor or a felony.
Fifth degree assault in Minnesota can be a misdemeanor, gross misdemeanor, or a felony. The misdemeanor charge in Minnesota occurs when a person intentionally causes another to fear immediate bodily harm or death or when a person intentionally causes or tries to cause bodily harm to another. The gross misdemeanor level is a misdemeanor assault that occurs against the same victim within ten years as certain domestic violence offenses. The felony level is a misdemeanor assault that occurs against the same victim within ten years of two or more certain domestic violence offenses. Fifth degree assault also covers assaults using a firearm.
Federal assault is generally governed by 18 U.S.C. § 113, and the sentence severity is highly dependent on the facts of each individual case. Assault with intent to commit murder, for example, carries a sentence of up to 20 years. Assault by wounding another carries a sentence of a fine and/or up to 6 months in prison.