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Minnesota has five degrees of assault, but the degree alone does not tell you the sentence. The charged subdivision, injury, alleged weapon use, protected-person status and qualifying prior record can change the offense level and possible penalties. The figures below are statutory maximums, not predictions of a sentence.
First degree: great bodily harm and specified attacks on officials
Under section 609.221, assault causing great bodily harm generally carries up to 20 years and $30,000. Specified assaults on peace officers, prosecutors, judges or correctional employees performing their duties can carry higher maximums: 25 years and $35,000 under subdivision 3, or 30 years and $40,000 under subdivision 4. Subdivision 5 imposes mandatory imprisonment requirements for the covered official-assault offenses.
Second degree: dangerous weapon
Section 609.222 provides up to seven years and $14,000 for assault with a dangerous weapon. If substantial bodily harm results, the maximum is ten years and $20,000. A lawyer must examine the alleged assault and whether the object and its use meet the applicable weapon definition.
Third degree: substantial harm and other statutory circumstances
Section 609.223 provides up to five years and $10,000 for assault inflicting substantial bodily harm. It also contains separate provisions involving a pattern of child abuse and bodily harm to a child under four. Read the specific subdivision rather than assuming every third-degree case has identical elements.
Fourth degree: protected people and other specified circumstances
Section 609.2231 contains several offenses with gross-misdemeanor or felony penalties. Examples include assaults on peace officers and specified workers, as well as bias-motivated assault. The required conduct, injury and maximum penalty vary by subdivision; not every fourth-degree charge is a three-year felony.
2026 update: Chapter 118, article 5, section 1 added qualifying security guards providing services in a hospital or clinic to subdivision 2. It applies to crimes committed on or after August 1, 2026. The provision makes covered physical assaults gross misdemeanors, elevated to felonies carrying up to three years and $6,000 when demonstrable bodily harm is inflicted.
Fifth degree: fear or bodily harm
Section 609.224 covers an act intended to cause fear of immediate bodily harm or death, or intentionally inflicting or attempting to inflict bodily harm. The basic offense is a misdemeanor. Qualifying prior convictions or delinquency adjudications can elevate it.
For gross-misdemeanor enhancement, the statute uses a ten-year window involving the same victim or a three-year window without that same-victim requirement. Its felony provisions require two or more qualifying priors and the applicable ten-year same-victim or three-year window. The gross-misdemeanor maximum is 364 days and $3,000; the felony maximum is five years and $10,000. Counsel should check the exact dates and qualifying offenses.
What should an attorney review?
- The complaint: Which statute and subdivision are charged, and what facts allegedly support each element?
- Injury evidence: What do the medical records and other evidence establish about the alleged level of harm?
- Intent and context: What do complete recordings, messages and witness accounts show?
- Possible defenses: Is there a factual basis to dispute an element or raise a legally supported justification?
- Sentencing exposure: How do the record, applicable guidelines and any mandatory provisions affect the individual case?
Domestic assault has separate statutory provisions. See our domestic assault defense page. Do not assume that an injury-free allegation is necessarily minor or that a charge guarantees conviction.
Frequently asked questions
Can there be an assault charge without an injury?
Yes. Assault-fear focuses on an act intended to cause fear of immediate bodily harm or death. The prosecution must still establish the charged elements. Read more about fear-based assault allegations.
Can the reporting person drop the charges?
The reporting person cannot independently dismiss a criminal case. Prosecutors may dismiss charges, and courts may dismiss on legally supported grounds. Minnesota Criminal Rule 30 addresses dismissal; the appropriate procedure depends on the case.
Does the statutory maximum mean I will receive that sentence?
No. A maximum is a legal ceiling for the specified offense, not a sentencing forecast. Ask counsel to explain the provisions that apply to your actual charge and record.
What should I bring to a consultation?
Bring the complaint or citation, release orders, hearing dates and available records. Preserve original evidence, follow court orders and ask counsel before contacting anyone involved in the allegation.
Review your Minnesota assault charge
Martine Law’s assault defense team can review your paperwork and discuss next steps. Contact us about a matter in Minneapolis, St. Paul or another Minnesota county. Phones and chat are answered 24/7, with AI covering when no staff is free; immediate attorney availability is not guaranteed.
General information, not individual legal advice. The offense date and exact statutory subdivision matter.
