St. Paul Assault Attorney
Hire an Attorney with Experience & Success Handling Assault Cases
In Minnesota, it is unlawful to cause bodily harm, attempt to cause bodily harm, and/or cause fear of bodily harm in another. An assault charge carries serious consequences that could have a negative impact on your life if convicted. Assault charges may be brought against you, for example, if you punch someone, slap someone, or throw an item at someone. If you are charged with assault, you need a St. Paul assault lawyer on your side. Trevor Lushanko has handled numerous assault cases with success and has a deep understanding of Minnesota’s assault laws. Contact Lushanko Law today for a free consultation with an experienced St. Paul assault attorney.
In Minnesota, criminal assault charges are defined under state law, specifically in Minnesota Statutes Chapter 609. The elements and degrees of assault vary based on factors such as the severity of the injuries, the use of weapons, and the person assaulted. There are 5 degrees of assault in Minnesota with a 5th degree assault carrying the mildest consequences and a 1st Degree Assault carrying the most severe punishment.
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5th Degree Assault
Under MN statute 609.224, a first time 5th Degree Assault is a misdemeanor offense that carries a maximum penalty of 90 days in jail and a $1,000 fine. However, if you commit a 5th degree assault on the same person within 10 years, you may be charged with a gross misdemeanor or felony. You could be charged with a 5th Degree Assault if you do either of the following:
Commit an act to intentionally cause another person fear of bodily harm or death; or
Intentionally inflict or attempt to inflict bodily harm upon another person.
To be charged with a 5th Degree Assault, it is not necessary that you actually hit another person or make contact with them. You may be charged with a 5th Degree Assault for simply intending to make someone believe that you are going to hit them or make contact with them. For example, if you pull your hand back as if you are going to hit someone and you do this to make them believe you are going to hit them and hurt them, you could be charged with 5th Degree Assault.
4th Degree Assault
Under MN statute 1609.2231, a 4th Degree Assault may either be a gross misdemeanor or felony level offense depending on the circumstances. The maximum penalties for this offense range from 364 days in jail and a $3,000 fine to three years in prison and a $6,000 fine. Whether you can be charged with a 4th Degree Assault is dependent upon the person you are alleged to have assaulted. This offense primarily covers assaults committed against government employees. Below are a few ways you may be charged with a 4th Degree Assault:
Physically assaulting a peace officer while committing a lawful arrest or executing any other duty imposed by law. (Gross Misdemeanor - 364 days jail, $3,000 fine).
Physically assaulting a peace officer and causing demonstrable bodily harm. (Felony - 3 years prison, $6,000 fine).
Intentionally throwing or transferring bodily fluids onto a peace officer. (Felony - 3 years prison, $6,000 fine).
Assaulting and causing demonstrable bodily harm to a firefighter, emergency medical services personnel, physician, nurse, or any other person providing health care services. (Felony - 2 years prison, $4,000 fine).
Assaulting and causing demonstrable bodily harm to a correctional officer, prosecutor, judge, or probation officer. (Felony - 2 years prison, $4,000 fine).
Intentionally throwing or transferring bodily fluids onto a correctional officer, prosecutor, judge, or probation officer. (Felony - 2 years prison, $4,000 fine).
“Demonstrable bodily harm” is harm that you can physically see, such as a bruise or a scratch. Note that this list does not include every scenario in which a person can be charged with a 4th Degree Assault. There are many other government employees that also fit under this list.
3rd Degree Assault
Under MN statute 609.223, a 3rd Degree Assault is a felony level offense that carries a maximum penalty of 5 years in prison and a $10,000 fine. You may be charged with a 3rd Degree Assault for committing the following actions:
Assaulting another person and causing them substantial bodily harm.
Assaulting a minor and there is a past pattern by the Defendant of child abuse against the minor.
Assaulting a child under the age of 4 and causing bodily harm to their head, eyes, or neck, or otherwise causing multiple bruises to the child’s body.
“Substantial bodily harm” is harm that causes temporary but substantial disfigurement, or causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or causes a fracture of any bodily member. A broken bone is an example of substantial bodily harm in Minnesota.
2nd Degree Assault
Under MN statute 609.222, a 2nd Degree Assault is a felony level offense that carries a maximum punishment ranging from 7 years in prison and a $14,000 fine to 10 years in prison and a $20,000 fine. Below are actions that may cause you to be charged with 2nd Degree Assault:
Assaulting another person with a dangerous weapon. (7 years in prison, $14,000 fine).
Assaulting another person with a dangerous weapon and causing substantial bodily harm. (10 years in prison, $20,000 fine).
A “dangerous weapon” includes any devices designed as a weapon that is capable of producing death or great bodily harm. It also includes any combustible or flammable liquid that is calculated or likely to produce death or great bodily harm. The obvious example of a dangerous weapon includes a firearm. Learn more about weapon offenses here.
1st Degree Assault
Under MN statute 609.221, a 1st Degree Assault is the highest level of Assault and carries the most severe penalties. It is a felony level offense and carries a maximum punishment ranging from 20 years in prison and a $30,000 fine to 30 years in prison and a $40,000 fine. You may be charged with a 1st Degree Assault if you commit the following actions:
Assaulting another person and causing them great bodily harm. (20 years prison, $30,000 fine).
Assaulting a peace officer, prosecuting attorney, judge, or correctional employee by using or attempting to use deadly force. (20 years prison, $30,000 fine).
Assaulting a peace officer, prosecuting attorney, judge, or correctional employee and causing them great bodily harm. (25 years prison, $35,000 fine).
Assaulting a peace officer, prosecuting attorney, judge, or correctional employee with a deadly weapon and causing great bodily harm or using or attempting to use deadly force with a dangerous weapon. (30 years prison, $40,000 fine).
“Great bodily harm” means bodily injury that creates a high probability of death, serious permanent disfigurement, or a permanent or protracted loss or impairment of the function of any bodily member or organ. For example, permanent scarring or the loss of a limb would be considered great bodily harm. The main difference between “substantial bodily harm” and “great bodily harm” is that great bodily harm is a permanent injury while substantial bodily harm is a temporary injury.
