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Under Minn. Stat. § 609.02, subd. 10, “Assault” is: (1) an act done with 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.
Harm definitions
“Bodily harm” means physical pain or injury, illness, or any impairment of physical condition.
“Substantial bodily harm” means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member.
“Great bodily harm” means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm.
Offense class definitions
“Felony” means a crime for which a sentence of imprisonment for one year or more may be imposed.
“Misdemeanor” means a crime for which a sentence of not more than 90 days or a fine of not more than $1,000, or both, may be imposed.
“Gross misdemeanor” means any crime which is not a felony or misdemeanor, and the maximum fine which may be imposed for a gross misdemeanor is $3,000.
Fifth-degree assault
Under Minn. Stat. § 609.224, subd. 1, whoever commits an act with intent to cause fear in another of immediate bodily harm or death, or intentionally inflicts or attempts to inflict bodily harm upon another, commits an assault and is guilty of a misdemeanor.
Source: Minn. Stat. § 609.224
Repeat offenses: gross misdemeanor and felony
Under Minn. Stat. § 609.224, subd. 2, a person who violates 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 a gross misdemeanor and may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both.
Under Minn. Stat. § 609.224, subd. 4(a), a person who violates 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 and may be sentenced to imprisonment for not more than five years or payment of a fine of not more than $10,000, or both.
Source: Minn. Stat. § 609.224
Third-degree assault
Under Minn. Stat. § 609.223, subd. 1, whoever assaults another and inflicts substantial bodily harm may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
Under Minn. Stat. § 609.223, subd. 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 and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
Source: Minn. Stat. § 609.223
Second-degree assault
Under Minn. Stat. § 609.222, subd. 1, whoever assaults another with a dangerous weapon may be sentenced to imprisonment for not more than seven years or to payment of a fine of not more than $14,000, or both.
Under Minn. Stat. § 609.222, subd. 2, whoever assaults another with a dangerous weapon and inflicts substantial bodily harm may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.
Source: Minn. Stat. § 609.222
First-degree assault
Under Minn. Stat. § 609.221, subd. 1, whoever assaults another and inflicts great bodily harm may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $30,000, or both.
Under Minn. Stat. § 609.221, subd. 3, whoever assaults a peace officer, prosecuting attorney, judge, or correctional employee and inflicts great bodily harm on that person while engaged in the performance of a duty imposed by law, policy, or rule may be sentenced to imprisonment for not more than 25 years or to payment of a fine of not more than $35,000, or both.
Source: Minn. Stat. § 609.221
Assault on a peace officer or other protected person
Under Minn. Stat. § 609.2231, subd. 1(c), whoever physically assaults a peace officer, if the assault inflicts demonstrable bodily harm, or intentionally throws or otherwise transfers bodily fluids or feces at or onto the officer, is guilty of a felony and may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $6,000, or both.
Source: Minn. Stat. § 609.2231
Bias-motivated assault
Under Minn. Stat. § 609.2231, subd. 4(a), whoever assaults another in whole or in substantial part because of the victim’s or another’s actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both.
Under Minn. Stat. § 609.2231, subd. 4(b), whoever violates the bias-motivated assault provision within five years of a previous conviction under that same provision is guilty of a felony and may be sentenced to imprisonment for not more than one year and a day or to payment of a fine of not more than $3,000, or both.
Source: Minn. Stat. § 609.2231
Domestic assault and repeat offenses
Under Minn. Stat. § 609.2242, subd. 4, whoever violates the domestic assault provision or Minn. Stat. § 609.224, subd. 1, 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 and may be sentenced to imprisonment for not more than five years or payment of a fine of not more than $10,000, or both.
Source: Minn. Stat. § 609.2242
Mandatory minimum sentences and firearms
The crimes for which mandatory minimum sentences apply under Minn. Stat. § 609.11 include assault in the first, second, or third degree.
Under Minn. Stat. § 609.11, subd. 5(a), any defendant convicted of an offense listed in subdivision 9 in which the defendant or an accomplice, at the time of the offense, had in possession or used a firearm shall be committed to the commissioner of corrections for not less than three years, nor more than the maximum sentence provided by law.
Questions people ask about assault charges in Minnesota
What is the legal definition of assault in Minnesota?
Under Minn. Stat. § 609.02, subd. 10, “Assault” is: (1) an act done with 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.
What is the difference between bodily harm, substantial bodily harm, and great bodily harm?
“Bodily harm” means physical pain or injury, illness, or any impairment of physical condition. “Substantial bodily harm” means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member. “Great bodily harm” means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm.
What penalties come with a first-time misdemeanor assault?
Under Minn. Stat. § 609.224, subd. 1, whoever commits an act with intent to cause fear in another of immediate bodily harm or death, or intentionally inflicts or attempts to inflict bodily harm upon another, commits an assault and is guilty of a misdemeanor. “Misdemeanor” means a crime for which a sentence of not more than 90 days or a fine of not more than $1,000, or both, may be imposed.
When does assault become a felony because of prior convictions?
Under Minn. Stat. § 609.224, subd. 4(a), a person who violates 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 and may be sentenced to imprisonment for not more than five years or payment of a fine of not more than $10,000, or both.
What are the penalties for assault with a dangerous weapon?
Under Minn. Stat. § 609.222, subd. 1, whoever assaults another with a dangerous weapon may be sentenced to imprisonment for not more than seven years or to payment of a fine of not more than $14,000, or both. Under Minn. Stat. § 609.222, subd. 2, whoever assaults another with a dangerous weapon and inflicts substantial bodily harm may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.
Does it matter if the victim was a police officer?
Under Minn. Stat. § 609.2231, subd. 1(c), whoever physically assaults a peace officer, if the assault inflicts demonstrable bodily harm, or intentionally throws or otherwise transfers bodily fluids or feces at or onto the officer, is guilty of a felony and may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $6,000, or both.
Does a firearm trigger a mandatory minimum sentence for assault?
The crimes for which mandatory minimum sentences apply under Minn. Stat. § 609.11 include assault in the first, second, or third degree. Under Minn. Stat. § 609.11, subd. 5(a), any defendant convicted of an offense listed in subdivision 9 in which the defendant or an accomplice, at the time of the offense, had in possession or used a firearm shall be committed to the commissioner of corrections for not less than three years, nor more than the maximum sentence provided by law.
What is a gross misdemeanor in Minnesota?
“Gross misdemeanor” means any crime which is not a felony or misdemeanor, and the maximum fine which may be imposed for a gross misdemeanor is $3,000.
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