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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.
Fifth-degree assault
Under Minn. Stat. § 609.224, subd. 1, assault in the fifth degree is committed by whoever does any of the following: (1) commits an act with intent to cause fear in another of immediate bodily harm or death; or (2) intentionally inflicts or attempts to inflict bodily harm upon another, and is guilty of a misdemeanor.
Under Minn. Stat. § 609.02, subd. 3, a misdemeanor is 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.
Under Minn. Stat. § 609.224, subd. 2(a), 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 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. 2(b), whoever violates the provisions of subdivision 1 within three 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), 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 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
Domestic assault: when the victim is a family or household member
Under Minn. Stat. § 518B.01, subd. 2(b), family or household members means: (1) spouses and former spouses; (2) parents and children; (3) persons related by blood; (4) persons who are presently residing together or who have resided together in the past; (5) persons who have a child in common regardless of whether they have been married or have lived together at any time; (6) 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 (7) persons involved in a significant romantic or sexual relationship.
Under Minn. Stat. § 609.2242, subd. 1, domestic assault is committed by whoever does any of the following against a family or household member as defined in section 518B.01, subdivision 2: (1) commits an act with intent to cause fear in another of immediate bodily harm or death; or (2) intentionally inflicts or attempts to inflict bodily harm upon another.
Penalty tiers for domestic assault:
A first domestic assault conviction under Minn. Stat. § 609.2242, subd. 1 is a misdemeanor; whoever violates that subdivision within ten years of a previous qualified domestic violence-related offense conviction or an 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. § 609.2242, subd. 4, whoever violates the provisions of that section or section 609.224, subdivision 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 for domestic assault convictions
A person convicted of gross misdemeanor domestic assault under Minn. Stat. § 609.2242, subd. 2 shall be sentenced to a minimum of 20 days imprisonment, at least 96 hours of which must be served consecutively.
In determining an appropriate disposition for felony domestic assault under Minn. Stat. § 609.2242, subd. 4, the court shall presume that a stay of execution with at least a 45-day period of incarceration as a condition of probation shall be imposed, and if the court imposes a stay of execution with a period of incarceration as a condition of probation, at least 15 days must be served consecutively.
Source: Minn. Stat. § 609.2243
What counts as a qualified domestic violence-related offense
Under Minn. Stat. § 609.02, subd. 16, a qualified domestic violence-related offense includes violations of section 609.2242 (domestic assault), section 609.2247 (domestic assault by strangulation), section 629.75 (violation of domestic abuse no contact order), and section 518B.01, subdivision 14 (violation of domestic abuse order for protection), among others.
Source: Minn. Stat. § 609.02, subd. 16
Firearm restrictions after a domestic assault conviction
When a person is convicted of domestic assault under Minn. Stat. § 609.2242 and the court determines that the victim was a family or household member, the court shall inform the defendant that the defendant is prohibited from possessing a firearm for three years from the date of conviction and that it is a gross misdemeanor offense to violate this prohibition.
Except as otherwise provided in Minn. Stat. § 609.2242, subd. 3(c), a person is not entitled to possess a firearm if the person has been convicted on or after August 1, 2014, of domestic assault under section 609.2242 or assault in the fifth degree under section 609.224 and the assault victim was a family or household member as defined in section 518B.01, subdivision 2, unless three years have elapsed from the date of conviction and, during that time, the person has not been convicted of any other violation of section 609.2242 or section 609.224.
Under Minn. Stat. § 624.713, subd. 1, cl. 12, a person who has been convicted of a violation of section 609.224 if the court determined that the assault was against a family or household member in accordance with section 609.2242, subdivision 3 (domestic assault) is not entitled to possess firearms or ammunition, unless three years have elapsed since the date of conviction and, during that time, the person has not been convicted of another violation of section 609.224 or a violation of a section listed in clause (11).
When a person is convicted of assaulting a family or household member and is determined by the court to have used a firearm in any way during commission of the assault, the court may order that the person is prohibited from possessing any type of firearm for any period longer than three years or for the remainder of the person’s life.
When a person is convicted of a violation of Minn. Stat. § 609.2242 and the court determines that the assault was against a family or household member, the court shall order the defendant to transfer any firearms that the person possesses as provided for in section 518B.03 and direct the person to surrender all permits to carry and purchase firearms to the court.
Source: Minn. Stat. §§ 609.2242, 624.713
Domestic abuse no contact orders and criminal charges
A domestic abuse no contact order under Minn. Stat. § 629.75 is an order issued by a court against a defendant in a criminal proceeding for domestic abuse as defined in section 518B.01, subdivision 2, and may be issued as a pretrial order before final disposition of the underlying criminal case or as a postconviction probationary order.
A person who knows of the existence of a domestic abuse no contact order issued against the person and violates the order is guilty of a misdemeanor; a person who violates the order within ten years of a previous qualified domestic violence-related offense conviction or adjudication of delinquency is guilty of a gross misdemeanor; and a person who violates the order within ten years of two or more such prior convictions, or while possessing a dangerous weapon, 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.
Probation conditions for domestic abuse offenses
If the court stays imposition or execution of a sentence for a domestic abuse offense and places the offender on probation, the court shall order that, as a condition of the stayed sentence, the offender participate in and successfully complete a domestic abuse counseling program or educational program.
Under Minn. Stat. § 609.02, subd. 4, a 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.
Source: Minn. Stat. §§ 518B.02, 609.02
Questions people ask about Minnesota assault charges
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 fifth-degree assault and what is the penalty for a first offense?
Under Minn. Stat. § 609.224, subd. 1, assault in the fifth degree is committed by whoever does any of the following: (1) commits an act with intent to cause fear in another of immediate bodily harm or death; or (2) intentionally inflicts or attempts to inflict bodily harm upon another, and is guilty of a misdemeanor. Under Minn. Stat. § 609.02, subd. 3, a misdemeanor is 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.
How does domestic assault differ from fifth-degree assault?
Under Minn. Stat. § 609.2242, subd. 1, domestic assault is committed by whoever does any of the following against a family or household member as defined in section 518B.01, subdivision 2: (1) commits an act with intent to cause fear in another of immediate bodily harm or death; or (2) intentionally inflicts or attempts to inflict bodily harm upon another.
Who is considered a family or household member for domestic assault purposes?
Under Minn. Stat. § 518B.01, subd. 2(b), family or household members means: (1) spouses and former spouses; (2) parents and children; (3) persons related by blood; (4) persons who are presently residing together or who have resided together in the past; (5) persons who have a child in common regardless of whether they have been married or have lived together at any time; (6) 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 (7) persons involved in a significant romantic or sexual relationship.
What happens if someone has a prior domestic violence conviction?
A first domestic assault conviction under Minn. Stat. § 609.2242, subd. 1 is a misdemeanor; whoever violates that subdivision within ten years of a previous qualified domestic violence-related offense conviction or an 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.
Can a domestic assault conviction affect my right to own a firearm?
When a person is convicted of domestic assault under Minn. Stat. § 609.2242 and the court determines that the victim was a family or household member, the court shall inform the defendant that the defendant is prohibited from possessing a firearm for three years from the date of conviction and that it is a gross misdemeanor offense to violate this prohibition.
What is a domestic abuse no contact order and what happens if I violate it?
A domestic abuse no contact order under Minn. Stat. § 629.75 is an order issued by a court against a defendant in a criminal proceeding for domestic abuse as defined in section 518B.01, subdivision 2, and may be issued as a pretrial order before final disposition of the underlying criminal case or as a postconviction probationary order. A person who knows of the existence of a domestic abuse no contact order issued against the person and violates the order is guilty of a misdemeanor; a person who violates the order within ten years of a previous qualified domestic violence-related offense conviction or adjudication of delinquency is guilty of a gross misdemeanor; and a person who violates the order within ten years of two or more such prior convictions, or while possessing a dangerous weapon, 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.
What are the mandatory minimum sentences for domestic assault convictions?
A person convicted of gross misdemeanor domestic assault under Minn. Stat. § 609.2242, subd. 2 shall be sentenced to a minimum of 20 days imprisonment, at least 96 hours of which must be served consecutively. In determining an appropriate disposition for felony domestic assault under Minn. Stat. § 609.2242, subd. 4, the court shall presume that a stay of execution with at least a 45-day period of incarceration as a condition of probation shall be imposed, and if the court imposes a stay of execution with a period of incarceration as a condition of probation, at least 15 days must be served consecutively.
Talk with Martine Law about assault charges
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