If you’re arrested for assault after a conflict with another person, you could be facing serious penalties – especially in rural Minnesota, where local courts may take a strict approach to violent offenses. The potential consequences of an assault conviction will depend on the facts of your case, including any injuries, prior offenses, or use of weapons. Knowing what’s at stake is an important first step toward working with an attorney in Ham Lake to build a defense strategy that fits your situation and aims for the best possible result.
How Minnesota Law Defines Assault
In Minnesota, “assault” refers to an act done with the intent to cause another person to fear imminent injury or death or to the intentional infliction or attempted infliction of injury on another person. Minnesota law recognizes five degrees of assault, depending on the circumstances of an offense:
- First-Degree Assault – Inflicting severe injury creating a high probability of death or causing serious permanent disfigurement or loss of a bodily function, or using deadly force or a dangerous weapon against a law enforcement officer, prosecutor, or judge
- Second-Degree Assault – Assaulting another person with a dangerous weapon
- Third-Degree Assault – Inflicting substantial injury, or assaulting a minor with a prior history of child abuse against that minor
- Fourth-Degree Assault – Assaulting a peace officer, firefighter, emergency medical personnel, corrections or probation officer, prosecuting attorney, judge, school official, public employee with mandated duties, transit employee, utility or postal service worker, or vulnerable adult
- Fifth-Degree Assault – Committing an act with the intent to cause another person to fear immediate injury or death, or inflicting or attempting to inflict injury upon another person
Potential Criminal Penalties by Degree
The potential penalties for an assault conviction in Minnesota vary depending on the charge’s grading. Penalties for assault charges include:
- First-Degree Assault – Up to 20 years in prison, a fine of up to $30,000, or both, with potential maximum penalties of 30 years and mandatory minimums as high as 25 years for aggravating factors
- Second-Degree Assault – Up to seven years in prison, a fine of up to $14,000, or both, or up to 10 years and a potential fine of up to $10,000 for aggravating factors
- Third-Degree Assault – Up to five years in prison, a fine of up to $10,000, or both
- Fourth-Degree Assault – As high as three years in prison, a fine of up to $6,000, or both, depending on the circumstances of the offense
- Fifth-Degree Assault – Up to 90 days in jail, a fine of up to $1,000, or both for a misdemeanor offense; up to 364 days in jail, a fine of up to $3,000, or both for a gross misdemeanor offense; or up to five years in prison, a fine of up to $10,000, or both for a felony offense
Aggravating Factors That Increase Penalties
In Minnesota, various aggravating factors can increase the maximum fine and sentence for an assault conviction or impose a mandatory minimum sentence. Some of these aggravating factors include:
- Assaulting a law enforcement officer, corrections officer, prosecuting attorney, or judge
- Inflicting substantial bodily harm with a dangerous weapon
- Inflicting injury upon or throwing or transferring bodily fluids to a peace officer, firefighter, emergency medical personnel, prosecuting attorney, correctional or probation officer, or judge
- Assaulting a person based on that person’s actual or perceived race, color, ethnicity, national origin, religion, sex, gender, sexual orientation, gender identity, gender expression, age, or disability
Contact a Criminal Defense Lawyer Today
If you’re facing assault charges, you need to know the possible consequences you might face for a conviction. Contact Sjoberg Law Office, P.A., today for a confidential consultation with a knowledgeable attorney from our Ham Lake law firm. Let’s discuss the potential penalties you may face for your assault charge in rural Minnesota and how our lawyers can help you seek a favorable outcome to your charges.
