Assault Statutes in Minnesota

1st Degree Assault (Minn. Stat. § 609.221)

Great Bodily Harm (Subdivision 1)

Whoever assaults another and inflicts great bodily harm is guilty of first degree assault.

Use of deadly force against peace officer or correctional employee (Subdivision 2)

Whoever assaults a peace officer or correctional employee by using or attempting to use deadly force against the officer or employee while the officer or employee is engaged in the performance of a duty imposed by law, policy, or rule is guilty of first degree assault.

2nd Degree Assault (Minn. Stat. § 609.222)

Dangerous Weapon (Subdivision 1)

Whoever assaults another with a dangerous weapon is guilty of second degree assault.

Dangerous weapon; substantial bodily harm (Subdivision 2)

Whoever assaults another with a dangerous weapon and inflicts substantial bodily harm is guilty of second degree assault.

3rd Degree Assault (Minn. Stat. § 609.223)

Substantial bodily harm (Subdivision 1)

Whoever assaults another and inflicts substantial bodily harm is guilty of third degree assault.

Past pattern of child abuse (Subdivision 2)

Whoever assaults another with a dangerous weapon and inflicts substantial bodily harm is guilty of third degree assault.

Felony; victim under four (Subdivision 3)

Whoever assaults a victim under the age of four, and causes bodily harm to the child’s head, eyes, or neck, or otherwise causes multiple bruises to the body, is guilty of a felony is guilty of third degree assault.

4th Degree Assault (Minn. Stat. § 609.2231)

Fourth Degree Assault has ten different subdivisions. The most common subdivision is subdivision 1:

Peace Officer (Subdivision 1)

Whoever physically assaults a peace officer licensed under section 626.845, subdivision 1, when that officer is effecting a lawful arrest or executing any other duty imposed by law is guilty fourth degree assault.

If the assault inflicts demonstrable bodily harm or the person intentionally throws or otherwise transfers bodily fluids or feces at or onto the officer, the person is guilty of a felony.

5th Degree Assault (Minn. Stat. § 609.224)

Misdemeanor (Subdivision 1)

Whoever commits an act with intent to cause fear in another of immediate bodily harm or death; or whoever intentionally inflicts or attempts to inflict bodily harm upon another is guilty of misdemeanor fifth degree assault.

Gross Misdemeanor (Subdivision 2)

Whoever violates the provisions of subdivision 1 against the same victim within ten years of a previous qualified domestic violence-related offense conviction or adjudication of delinquency is guilty of gross misdemeanor fifth degree assault.

Felony (Subdivision 4)

Whoever violates the provisions of subdivision 1 against the same victim within ten years of the first of any combination of two or more previous qualified domestic violence-related offense convictions or adjudications of delinquency is guilty of a felony.

Locations

Anoka Office

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Anoka, MN 45.199654, -93.387372

2150 3rd Ave North
Suite 210
Anoka, MN 55303

Hopkins Office

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Hopkins Office 44.925443, -93.410989

25 9th Ave North
PO Box 458
Hopkins, MN 55343