Attorney Joshua London Defends Clients Facing Assault Accusations in Minnesota
In Minnesota, assault laws are designed to address a broad range of violent behaviors, from threats of harm to severe physical injury. Assault charges are classified by degrees, with first-degree assault involving significant bodily harm or the use of deadly force leading to the most severe penalties. Lower-degree charges, like fifth-degree assault, may not involve physical injury but can still carry serious repercussions, especially if there is intent to cause fear or harm.
Minnesota defines assault as an act intending to cause fear in another of immediate bodily harm or death or an act that inflicts or attempts to inflict bodily harm on another. Charges can escalate if weapons are involved or if the alleged victim is a protected individual, such as a police officer, healthcare worker, or school employee. Additionally, Minnesota’s assault laws cover a variety of specific situations, including domestic assault and assault by strangulation, each with unique definitions and penalties.
In Minnesota, assault charges have five classifications ranging from misdemeanors to felonies.
1st Degree Assault
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.
2nd Degree Assault
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.
3rd Degree Assault
There are three possibilities for third-degree assault in Minnesota, all of which carry a prison sentence of up to 5 years and up to a $10,000 fine:
- If substantial bodily harm occurs.
- If the assault is of a minor (child abuse) and the offender has a history of abuse against the minor.
- If the assault is of a person under age four, bodily harm results.
4th Degree Assault
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 D.N.R. 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.
5th Degree Assault
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. The fifth-degree assault also covers assaults using a firearm.
Federal Assault
Federal assault is generally governed by 18 U.S.C. § 113, and the sentence severity is highly dependent on the facts of each 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 up to 6 months in prison.
Repercussions of an Assault Charge in Minnesota & Why You Should Defend Your Rights
Defending against assault charges often involves several possible strategies. Self-defense is one common approach, mainly when individuals have acted to protect themselves from an immediate threat. Minnesota law allows using reasonable force to prevent harm, and demonstrating that the defendant acted out of self-preservation can be a valid defense. Similarly, the defense of others is another potential strategy if the defendant protects a third party.
The repercussions of an assault conviction are far-reaching. Beyond the criminal penalties, which may include jail time, fines, and mandatory counseling, an assault conviction can have long-lasting effects on personal and professional life. Individuals may face challenges finding employment, especially in fields that require a clean record. There can also be social consequences, as assault charges can harm one’s reputation and relationships.
Because assault cases often involve witness testimony, physical evidence, and emotional factors, defense strategies typically require a detailed examination of each aspect. A thorough review of witness statements, analysis of any available video evidence, and scrutiny of police reports can reveal inconsistencies or provide alternative perspectives that challenge the prosecution’s case.
Seek Legal Help
Assault cases are complex and highly fact-specific, requiring a tailored defense that addresses each incident’s unique circumstances. Legal representation that understands the intricacies of Minnesota’s assault laws and the nuances of various defense strategies can make a significant difference in the case outcome.