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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.
Charge levels under Minnesota law
Minnesota uses three levels:
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. 609.02, subd. 4, a gross misdemeanor is any crime which is not a felony or misdemeanor, and the maximum fine which may be imposed for a gross misdemeanor is $3,000.
Under Minn. Stat. 609.02, subd. 2, a felony is a crime for which a sentence of imprisonment for one year or more may be imposed.
Fifth-degree assault and escalation by prior record
Under Minn. Stat. 609.224, subd. 1, whoever commits an act with intent to cause fear in another of immediate bodily harm or death, or intentionally inflicts or attempts to inflict bodily harm upon another, commits an assault and is guilty of a misdemeanor.
Under Minn. Stat. 609.224, subd. 2(a), whoever violates subd. 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. 4(a), whoever violates subd. 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.
Assault on a peace officer
Under Minn. Stat. 609.2231, subd. 1(b), whoever physically assaults a peace officer is guilty of a gross misdemeanor.
Under Minn. Stat. 609.2231, subd. 1(c), whoever physically assaults a peace officer and the assault inflicts demonstrable bodily harm, or intentionally throws or otherwise transfers bodily fluids or feces at or onto the officer, is guilty of a felony and may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $6,000, or both.
Bias-motivated assault
Under Minn. Stat. 609.2231, subd. 4(a), whoever assaults another in whole or in substantial part because of the victim’s or another’s actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03, 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.
After a felony conviction
Under Minn. Stat. 609.115, subd. 1(a), when a defendant has been convicted of a felony, the court shall, before sentence is imposed, cause a presentence investigation and written report to be made to the court concerning the defendant’s individual characteristics, circumstances, needs, potentialities, criminal record and social history, the circumstances of the offense and the harm caused by it to others and to the community.
How a case can be resolved short of trial
On dismissal:
Under Minn. Stat. 631.21, the court may order a criminal action, whether prosecuted upon indictment or complaint, to be dismissed, either on its own motion or upon motion of the prosecuting attorney and in furtherance of justice.
Under Minn. Stat. 631.21, if the court dismisses an action, the reasons for the dismissal must be set forth in the order and entered upon the minutes, and the recommendations of the prosecuting officer in reference to dismissal, with reasons for dismissal, must be stated in writing and filed as a public record with the official files of the case.
On accomplice testimony and corroboration:
Under Minn. Stat. 634.04, a conviction cannot be had upon the testimony of an accomplice, unless it is corroborated by such other evidence as tends to convict the defendant of the commission of the offense, and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof.
On pretrial diversion and the limitations clock:
Under Minn. Stat. 628.26(n), the limitations periods do not include any period during which the alleged offender participated under a written agreement in a pretrial diversion program relating to that offense.
Source: Minn. Stat. 631.21; 634.04; 628.26
Questions people ask about assault charges in Minnesota
What is 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 counts as bodily harm?
Under Minn. Stat. 609.02, subd. 7, bodily harm means physical pain or injury, illness, or any impairment of physical condition.
What does “intentionally” mean under Minnesota law?
Under Minn. Stat. 609.02, subd. 9(3), intentionally means that the actor either has a purpose to do the thing or cause the result specified or believes that the act performed by the actor, if successful, will cause that result.
What counts as a conviction?
Under Minn. Stat. 609.02, subd. 5, a conviction means any of the following accepted and recorded by the court: (1) a plea of guilty; or (2) a verdict of guilty by a jury or a finding of guilty by the court.
What is a qualified domestic violence-related offense?
Under Minn. Stat. 609.02, subd. 16, qualified domestic violence-related offense includes a violation of or an attempt to violate section 609.224 (fifth-degree assault) and section 609.2242 (domestic assault), among other listed offenses.
Does a conviction affect my right to own a firearm?
Under Minn. Stat. 609.224, subd. 3(a), when a person is convicted of a violation of section 609.224, 609.221, 609.222, or 609.223, the court shall determine and make written findings on the record as to whether the defendant owns or possesses a firearm, and whether the firearm was used in any way during the commission of the assault.
How long does the state have to charge me with assault?
Under Minn. Stat. 628.26(l), in all other cases not specifically enumerated with a longer period, indictments or complaints shall be found or made and filed in the proper court within three years after the commission of the offense. Under Minn. Stat. 628.26(m), the limitations periods exclude any period of time during which the defendant was not an inhabitant of or usually resident within this state.
How does pretrial diversion affect the limitations period?
Under Minn. Stat. 628.26(n), the limitations periods do not include any period during which the alleged offender participated under a written agreement in a pretrial diversion program relating to that offense.
Talk with Martine Law about assault charges in Minnesota
Assault cases move quickly through the courts, and Martine Law handles these cases across Minnesota. Call for a free, confidential consultation, or fill out the contact form on this page with your name, phone number, and a short description of your situation, and we will follow up promptly.
