In Minnesota, assault is categorized according to the degree of the offense. There are a total of five degrees of assault. The most serious assault charge is first-degree assault. There is also a separate offense of domestic assault. Depending on the degree of the offense, the crime of assault can range from a misdemeanor to a felony charge.
Minn. Stat. § 609.02, subd. 10 defines assault as “(1) an act done with the intent to cause fear in another of immediate bodily harm or death; or (2) the intentional infliction of or attempt to inflict bodily harm upon another.” The degree of assault charged by the prosecutor will depend on the identity of the person assaulted, the degree of harm inflicted upon the victim, and the amount of force used by the accused. Minnesota law provides that an assault committed upon a police officer, corrections employee, and other-named persons within the five degrees of assault may carry a greater assault charge. The degree of harm as defined under the applicable statutes ranges from substantial bodily harm to an threat or attempt to inflict bodily harm. Additionally, the degrees of assault vary based upon the amount of force used by the accused, ranging from deadly force to an attempt to inflict bodily harm.
If convicted of assault, there are serious consequences that may result. The sentence imposed by the Court for an assault conviction may be as severe as 20 years in prison, a $30,000 fine, or both.
If you have been charged with assault, a criminal defense attorney can conduct a thorough investigation of the facts and evidence, file the necessary court documents, and serve as a strong advocate in the courtroom. Contact a criminal defense attorney at Blahnik Law Office, PLLC for a complimentary free initial consultation to discuss your case.