In Minnesota, assault includes a range of actions, from threats and intimidation to physical violence. The state divides assault into five degrees, each carrying varying penalties. This guide can help you understand what to expect if you or someone you love faces assault charges in Minnesota.
Fifth degree assault
Fifth degree assault is the least severe type and usually counts as a misdemeanor. It includes actions meant to scare someone with the threat of harm or actually cause harm. Penalties may involve up to 90 days in jail and fines of up to $1,000. If you have a prior domestic violence-related conviction within three years, authorities may escalate the charge to a gross misdemeanor, which could lead to up to 364 days in jail and fines of up to $3,000.
Fourth degree assault
Fourth degree assault involves more serious situations, such as assaults on specific victims like police officers or school officials. This offense qualifies as a gross misdemeanor, but under certain conditions, authorities may elevate it to a felony. Penalties may include imprisonment for up to three years and fines reaching $6,000.
Third degree assault
Third degree assault becomes a felony when the inflictor causes significant physical injury. It can also apply to repeated offenses involving a minor. Those convicted face up to five years in prison and fines of up to $10,000.
Second degree assault
Second degree assault involves the use of a dangerous weapon. If substantial bodily harm is inflicted with a weapon, the penalties increase significantly. This offense can result in up to seven years of imprisonment and fines up to $14,000. If substantial harm is caused, the prison term can extend to 10 years with fines up to $20,000.
First degree assault
First degree assault is the most serious charge, involving great bodily harm or using deadly force against specific protected individuals, such as peace officers. Convictions can lead to up to 20 years in prison and fines up to $30,000.
Despite the degree of assault, certain factors can enhance penalties in Minnesota. For instance, assaults motivated by bias or hate can result in additional penalties. Repeated offenses, especially involving the same victim, can also lead to harsher sentences. Moreover, assaults against certain professionals or vulnerable individuals also carry increased penalties.
Facing assault charges in Minnesota is a serious matter with potentially severe consequences. If you or someone you know is dealing with assault charges, consulting with a defense attorney is vital. Remember, the proper legal support can make a significant difference in protecting your rights.