Are you being investigated for assault or domestic assault? If so, contact the criminal lawyers at Brandt Criminal Defense. With over 30 years of experience handling assault and domestic assault cases, we have successfully defended these charges ranging from misdemeanor domestic assault to first degree felonies.
With our aggressive approach to handling assault cases, we have secured not guilty verdicts in jury trials, outright dismissals, and have negotiated greatly reduced charges resulting in favorable results for our clients. We’ve put together our impressive record on assault cases by thoroughly investigating the facts of the case, conducting exhaustive research, and pushing cases to trial.
What is Assault in Minnesota?
Assault charges not only can carry direct consequences such as potential jail time, fines and court-ordered treatment, but the collateral consequences can also be harsh and long-lasting. An assault charge can affect child custody in divorce cases, a person’s future employment, their volunteer opportunities, as well as the ability to possess a firearm. We know how to defend assault cases. The team at Brandt Criminal Defense has been honored as “Super Lawyers” and “Rising Stars” for the past 12 years—an award given to less than 6% of Lawyers in Minnesota. Our dedicated team is ready to get together with you to put together a plan to protect your rights and your future.
The five degrees of assault vary and depend on the facts of your case. These include:
- 1st degree – inflicting great bodily harm
- 2nd degree – using a dangerous weapon
- 3rd degree – inflicting substantial bodily harm (like a broken bone)
- 4th degree – assaulting a police officer or correctional officer
- 5th degree
- Misdemeanor – inflicting or causing fear of bodily harm
- Gross misdemeanor – a second offense in 10 years
- Felony – a third offense in 10 years
- Domestic assault – ranging from misdemeanor to felony depending on the number of priors
- Domestic assault by strangulation
If you or someone you know is facing assault charges, call the team at Brandt Criminal Defense to get started on a plan to defend your case.
Call 763-421-6366 for a free consultation today.
Assault Information & Guides
All penalties listed below are the maximum penalty that can be imposed under Minnesota Law unless otherwise specified.
- 1st Degree Assault: Felony
- Great Bodily Harm (Subdivision 1): 20 years in prison and/or a $30,000 fine.
- Deadly Force against Peace Officer (Subdivision 2): 20 years in prison and/or a $30,000 fine.
- The minimum sentence that may be imposed under this subdivision is 10 years and is not eligible for probation, parole, discharge, work release, or supervised release until that person has served the full term of imprisonment.
- 2nd Degree Assault: Felony
- Dangerous Weapon (Subdivision 1): 7 years in prison and/or a $14,000 fine.
- Dangerous Weapon; substantial bodily harm (Subdivision 2): 10 years in prison and/or a $20,000 fine.
- 3rd Degree Assault
- Felony: 5 years in prison and/or a $10,000 fine.
- Substantial Bodily Harm (Subdivision 1): 5 years in prison and/or a $10,000 fine.
- Past pattern of child abuse; substantial bodily harm (Subdivision 2): 5 years in prison and/or a $10,000 fine.
- Felony: victim under four (Subdivision 3): 5 years in prison and/or a $10,000 fine
- 4th Degree Assault
- Gross Misdemeanor (Subdivision 1): 1 year in prison and/or a $3,000 fine.
- Felony (Subdivision 1): 3 years in prison and/or a $6,000 fine.
- Subdivisions 2-10: Range from felonies to gross misdemeanors.
- 5th Degree Assault
- Misdemeanor (Subdivision 1): 90 days in prison and/or a $1,000 fine.
- Gross Misdemeanor (Subdivision 2): 1 year in prison and/or a $3,000 fine.
- Felony (Subdivision 4): 5 years in prison and/or a $10,000 fine.
- Domestic Assault by Strangulation
- Felony: 3 years and/or a $5,000 fine.
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.
Correctional Employee: an employee of a public or private prison, jail, or workhouse.
Deadly Force: force which the actor uses with the purpose of causing, or which the actor should reasonably know, creates a substantial risk of causing, death or great bodily harm. The intentional discharge of a firearm, other than a firearm loaded with less lethal munitions and used by a peace officer within the scope of official duties, in the direction of another person, or at a vehicle in which another person is believed to be, constitutes deadly force.
Family or Household Member: spouses and former spouses, parents and children, persons related by blood, persons who are presently residing together or who have resided together in the past, persons who have a child in common regardless of whether they have been marries or have lived together at any time, a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time, and persons involved in a significant romantic or sexual relationship.
Less Lethal Munitions: projectiles which are designed to stun, temporarily incapacitate, or cause temporary discomfort to a person.
Peace Officer: a civil officer appointed to preserve law and order, such as a sheriff or police officer.
Multiple Unit Residential Building: a building containing two or more apartments
Public Building: a building such a hotel, hospital, motel, dormitory, sanitarium, nursing home, theater, stadium, gymnasium, amusement park building, school or other building used for educational purposes, museum, restaurant, bar, correctional institution, place of worship, or other building of public assembly.
What if I have a prior conviction in another state?
A conviction for something that is a qualified domestic violence-related offense or similar law in another state or jurisdiction is treated the same as a conviction in Minnesota and can be used to enhance a crime.
Anytime you are charged with assault in Minnesota, you should do two things:
1. Contact a criminal defense attorney; and,
2. Do NOT talk to the cops.
Only in extremely rare circumstances do we recommend communicating with the cops and any decision to do so should be made with the advice of counsel and with an attorney present who has experience in defending individuals charged with assault.