Not all assault charges in Minnesota are treated the same. What may start as a misdemeanor assault can quickly turn into a felony depending on certain enhancement factors.
Minnesota law increases the severity of charges based on your criminal history, who the victim is, and whether a weapon was involved. If you or someone you know is facing assault charges, here’s how these felony enhancements work.
How assault is classified in Minnesota
Minnesota law defines assault as either:
- Causing or attempting to cause bodily harm, or
- Placing someone in reasonable fear of immediate harm.
The severity of the charge depends on the level of harm, circumstances, and enhancement factors. Assault ranges from fifth-degree (lowest level, usually a misdemeanor) to first-degree (most serious felony).
(See Minn. Stat. §§ 609.221–609.224)
Felony enhancements: What can raise an assault charge
1. Prior convictions
Repeat offenders often face harsher consequences.
- If you have prior assault convictions within the last 10 years, a new assault may be charged at a higher level.
- Domestic violence-related convictions can turn a new assault into a gross misdemeanor or felony, even if the new incident itself would normally be considered minor.
Example: A shove during an argument might normally be charged as a misdemeanor, but if you have two prior domestic assaults, it could be charged as a felony.
2. Protected victims
The law imposes enhanced penalties when the victim falls into certain categories, including:
- Law enforcement officers performing official duties
- Correctional employees and probation officers
- Teachers, school staff, or public employees while at work
- Vulnerable adults or senior citizens
- Emergency personnel like firefighters or medical staff
Assaulting someone in one of these groups—even without serious injury—can elevate the charge to a felony.
3. Use of weapons
Using or displaying a weapon during an assault is one of the fastest ways to turn a misdemeanor into a felony.
- Second-degree assault (Minn. Stat. § 609.222): Assault with a dangerous weapon, punishable by up to 7 years in prison (10 years if substantial bodily harm occurs).
- Even if no one is hurt, simply brandishing or threatening with a weapon during an assault can trigger a felony charge.
Weapons are not limited to guns or knives. Anything used to inflict harm—such as a bat, bottle, or even a vehicle—can qualify as a dangerous weapon.
Why enhancements matter
Felony assault convictions in Minnesota carry life-changing consequences:
- Prison sentences ranging from several years to decades
- Permanent criminal record that cannot be easily expunged
- Loss of firearm rights
- Employment and housing barriers
- Harsher sentencing in future cases due to additional criminal history points
Key takeaways
- Assault charges in Minnesota can be enhanced to felonies based on prior convictions, the type of victim, or use of a weapon.
- These enhancements can apply even in cases with minimal injuries.
- Felony charges carry long-term consequences beyond prison, including loss of rights and opportunities.
- The details of your past record, the alleged victim, and the presence of a weapon are critical in determining how serious your case will be.