Assault charges in Minnesota can carry lifelong consequences. Whether someone is facing a misdemeanor or a felony, the law takes accusations of violence very seriously.
To understand how these cases are handled, it helps to know how Minnesota law defines assault, what actions can lead to charges, and what defenses may be available.
Don’t risk your future, contact an expert attorney.
How Minnesota Defines Assault
Minnesota law defines assault under Minn. Stat. § 609.02. The statute outlines two primary ways an assault can occur:
- Intentional infliction of bodily harm
Assault can be charged if someone intentionally causes or attempts to cause physical harm to another person. This includes hitting, kicking, or otherwise striking someone with the intent to hurt them. - Intent to cause fear of harm
Assault also occurs if someone commits an act with the intent to cause another person to fear immediate bodily harm or death. Importantly, no physical contact is required. Threats or aggressive actions can qualify as assault if they create fear in the victim.
This broad definition means that both actual violence and threatening behavior can lead to an assault charge.
Degrees of Assault in Minnesota
Minnesota has several degrees of assault, ranging from misdemeanor to felony. The degree depends on the seriousness of the harm, the identity of the victim, and the accused’s prior record.
First-Degree Assault
- Causing great bodily harm or using deadly force against a police officer.
- Considered a felony, punishable by up to 20 years in prison.
Second-Degree Assault
- Assault with a dangerous weapon, such as a gun or knife.
- Punishable by up to 7 years in prison, or 10 years if substantial bodily harm occurs.
Third-Degree Assault
- Inflicting substantial bodily harm, or assaulting a child under 4 years old.
- Felony punishable by up to 5 years in prison.
Fourth-Degree Assault
- Assaulting a police officer, firefighter, correctional employee, school official, or vulnerable adult caregiver while they are performing their duties.
- Charges range from gross misdemeanor to felony depending on the harm caused.
Fifth-Degree Assault
- The most common charge, often involving minor injuries or threats of harm.
- Usually a misdemeanor, but can be enhanced to a gross misdemeanor or felony if there are prior convictions.
You can read the full details under Minn. Stat. § 609.221–609.224.
Examples of Assault in Minnesota
The law can feel abstract, so here are practical examples of situations that may lead to assault charges:
- Physical altercation at a bar: Throwing a punch and causing a bruise may be charged as fifth-degree assault.
- Road rage threats: Yelling at another driver and raising a fist in a threatening way may qualify as assault, even without physical contact.
- Weapon involvement: Pointing a knife at someone during an argument can lead to second-degree assault charges.
- Domestic disputes: Pushing a partner or making them fear harm may result in misdemeanor or felony charges, depending onthe injuries.
- Assaulting a police officer: Shoving or striking an officer during an arrest could trigger fourth-degree assault penalties.
Because the definition encompasses both actions and threats, even behavior that someone might consider minor can escalate into a criminal case.
Penalties for Assault in Minnesota
Penalties vary widely depending on the degree of assault, prior convictions, and circumstances. Common consequences include:
- Jail or prison time (from 90 days for a misdemeanor to 20 years for first-degree)
- Fines ranging from a few hundred dollars to tens of thousands
- Probation and mandatory counseling
- Orders for no contact with the alleged victim
- Loss of firearm rights for certain convictions
- Permanent criminal record, which can impact employment and housing
See the Minnesota Sentencing Guidelines for details on how prior history and severity levels influence penalties.
Why False Assault Allegations Happen
Got falesy accsued? Unfortunately, not every assault charge is based on the truth. False allegations can arise in a variety of situations, often driven by personal conflict or attempts to gain an advantage. Common reasons include:
- Family disputes: In divorce or child custody cases, one parent may accuse the other of assault to influence custody or visitation decisions.
- Revenge or anger: A person may fabricate a claim out of retaliation or to damage someone’s reputation.
- Misunderstandings: Actions taken in self-defense or during a heated argument may be mischaracterized as assault.
- Alcohol or drug involvement: Intoxication can impair memory and lead to exaggerated or inaccurate accounts of what happened.
Because allegations alone can affect a person’s freedom, reputation, and family, it is critical to work with a Minneapolis criminal defense attorney to carefully investigate and challenge the evidence.
Common Defenses to Assault Charges
An assault charge does not automatically lead to a conviction. Defendants have the right to raise defenses and challenge the evidence. Common defenses include:
Self-Defense
If someone reasonably believed they were in imminent danger of harm and used necessary force to protect themselves, they may claim self-defense. Minnesota requires the response to be proportional to the threat.
Defense of Others
Similar to self-defense, a person may legally protect another individual from harm if the threat was immediate.
Consent
In some cases, if both parties voluntarily engaged in a fight, the defense may argue that consent reduces criminal liability. However, this is limited and does not apply when serious injury results.
Lack of Intent
Because assault requires intent to cause harm or fear, showing that the act was accidental or misunderstood can be a valid defense.
False Accusations
Assault cases sometimes involve conflicting stories. Witness credibility, inconsistent statements, or ulterior motives can be challenged to show that the accusations are unreliable.
Collateral Consequences Beyond Criminal Penalties
Convictions carry more than fines or jail. They can also affect everyday life:
- Employment: Many employers hesitate to hire someone with a violent offense on their record.
- Housing: Landlords may deny rental applications based on criminal background checks.
- Family law cases: Assault convictions can impact child custody or visitation rights.
- Immigration status: Non-citizens may face deportation or visa issues.
This is why seeking guidance from a Minneapolis criminal defense attorney is critical as soon as charges arise.
What You Should Do If Charged with Assault in Minnesota
If you or a loved one is accused of assault, taking immediate steps can make a significant difference in the outcome:
- Do not speak to police without an attorney. Anything you say can be used against you.
- Preserve evidence. Save text messages, videos, or witness information that may support your side.
- Avoid contact with the alleged victim. Violating no-contact orders can worsen the case.
- Hire an experienced lawyer. An attorney can review the evidence, identify defenses, and negotiate with prosecutors.
Working with a Minneapolis assault lawyer ensures your rights are protected from the start.
Key Takeaways
- Minnesota law defines assault as either intentionally inflicting harm or causing fear of harm.
- Charges range from misdemeanor fifth-degree to felony first-degree assault.
- Threats alone can qualify as assault if they create fear.
- Defenses include self-defense, defense of others, lack of intent, and false accusations.
- Convictions can impact more than criminal penalties, including jobs, housing, and family rights.
If you are facing assault charges, working with a trusted Minneapolis felony lawyer or misdemeanor lawyer is essential.
Contact Martine Law
Assault charges in Minnesota are complex and often overwhelming. You do not have to face the criminal justice system alone. The team at Martine Law has the experience and dedication to fight for your rights and help you move forward.
Contact us today for a confidential consultation.