An assault case can become serious fast. You could face jail time, lose your firearm rights, and damage your record. Early legal defense from Martine Law can help protect your rights and prepare your case.
Assault Lawyers in Minnesota
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ASSAULT CHARGE TYPES
Which Type of Assault Case Are You Facing?
Assault cases in this US state differ widely by severity and circumstances. Knowing where your case stands is the first step toward building a strong defense.
STANDARD
Simple Assault
Threats or minor contact without serious injury; usually a misdemeanor.
- Misdemeanor defense
- Charge reduction
- Record protection
SERIOUS
Aggravated Assault
Assault involving a weapon or serious bodily harm leads to heavier penalties.
- Felony defense support
- Weapon analysis
- Sentencing mitigation
DOMESTIC
Domestic Assault
Assault involving a household or family member with protective orders.
- No-contact guidance
- Domestic defense
- Family impact strategy
ENHANCED
Assault on a Public Official
Assault involving law enforcement or officials leads to heavy penalties.
- Officer defense
- Charge review
- Penalty reduction
HIGH-SEVERITY
First Degree Assault
First-degree assault includes causing great bodily harm. Special provisions cover certain assaults against officials performing their duties. A dangerous weapon alone does not establish first-degree assault. See Minn. Stat. 609.221 and 609.222.
- Felony trial
- Expert witnesses
- Full litigation support
WEAPON-RELATED
Assault with Deadly Weapon
Use of a deadly object increases severity and prison exposure significantly.
- Weapon review
- Intent defense
- Charge negotiation
FELONY
Felony Assault
Serious assault charges can bring prison exposure, fines, and a lasting criminal record.
- Felony charge review
- Evidence challenges
- Sentencing strategy
JUVENILE
Juvenile Assault
Assault cases involving minors can affect school records and future opportunities.
- Juvenile court defense
- School impact review
- Record protection
THREATS
Terroristic Threats
Threat allegations can lead to criminal charges even without physical contact.
- Message review
- Intent defense
- Charge reduction
WHY CHOOSE US
Minnesota Assault Lawyers You Can Count On
Experienced Attorneys
Strategic Preparation
From the first consultation, our MN assault attorneys take quick steps to gather evidence, challenge charges, & protect your rights.
Evidence-Driven Defense
Surveillance footage, witness accounts, and medical records with all details are reviewed to build the strongest possible case.
Always Available
Criminal charges don’t wait for office hours. We are ready to guide you through urgent decisions at any stage.
Ready to discuss your case? Let’s get started
THE PROCESS
What to Expect After an Assault Charge in Minnesota
Understanding the legal process early helps you avoid costly mistakes and make well-informed decisions at every step.
COMMON QUESTIONS
Key Questions About Minnesota Assault Charges
What counts as assault in Minnesota law?
This state’s law counts assault when someone intentionally causes fear of immediate bodily harm or death, or intentionally inflicts or attempts to inflict bodily harm on another person. Physical contact is not required when the charge is based on fear of immediate harm.
What is the 36-hour rule in Minnesota?
For an arrest without a warrant, Minnesota Rule of Criminal Procedure 4.02 requires a person who remains in custody to appear before a judge without unnecessary delay, generally within 36 hours excluding the arrest day, Sundays and legal holidays, or as soon as a judge is available. A separate rule, 4.03, requires a judicial probable-cause determination within 48 hours of a warrantless arrest, counting every day, unless the person is released. These are different requirements, not a mandatory minimum jail stay. An attorney can check how they apply to the arrest and custody record.
Do people go to jail for second-degree assault?
Yes. Second-degree assault is a felony involving a dangerous weapon. Penalties may reach 7 years in prison and a $14,000 fine, or 10 years and a $20,000 fine if substantial bodily harm is involved.
Do first-time charges in Minnesota mean no jail?
No. First-time charges do not automatically avoid jail. Some first-time cases may qualify for probation, diversion, or reduced penalties, but jail is still possible depending on the charge level, facts, and criminal history.
How much is an assault charge in Minnesota?
Fines depend on the assault degree. A misdemeanor may carry a fine up to $1,000. First-degree assault can carry up to $30,000, with higher fines possible in certain cases involving protected public officials.
Criminal defense services are provided by Martine Law PLLC.
DON’T WAIT, TIME MATTERS
Book Your Free
Assault Case Review Today
Your initial conversation may be with a Director of Client Engagement (non-attorney), who gathers basic information and helps with intake and scheduling. The Director of Client Engagement does not provide legal advice. A licensed attorney can evaluate your charges and legal options.
What are the degrees and penalties for assault in Minnesota?
| Degree | Conduct or circumstance | Maximum penalty and exceptions | Source |
|---|---|---|---|
| First degree | Great bodily harm and specified protected-person offenses. | Great bodily harm route: up to 20 years and $30,000. Specified protected-person routes have higher maxima. | 609.221 |
| Second degree | Assault with a dangerous weapon. | Up to seven years and $14,000; with substantial bodily harm, up to ten years and $20,000. | 609.222 |
| Third degree | Substantial bodily harm or specified child-assault conditions. | Up to five years and $10,000. | 609.223 |
| Fourth degree | Offenses against specified protected persons; the precise subdivision controls. | Gross misdemeanor and felony provisions apply. The firefighter and medical-personnel provision includes a three-year, $6,000 felony for demonstrable bodily harm. | 609.2231 2026 chapter 118 |
| Fifth degree | Intent to cause fear of immediate bodily harm or death, or intentionally inflicting or attempting bodily harm. | Base misdemeanor: up to 90 days and $1,000. Qualified priors can increase the offense level. | 609.224 609.03 |
The firefighter and medical-personnel amendment applies to crimes committed on or after August 1, 2026. Official source
These are statutory maxima rather than a prediction of a sentence. The offense subdivision, any applicable sentencing requirements and the court’s findings control. Official source Official source
Read the fifth degree assault guide, third degree assault guide, and domestic assault penalty guide.
