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How Minnesota defines assault
“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
“Misdemeanor” means 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.
“Gross misdemeanor” means any crime which is not a felony or misdemeanor. The maximum fine which may be imposed for a gross misdemeanor is $3,000.
“Felony” means a crime for which a sentence of imprisonment for one year or more may be imposed.
First-degree assault
Whoever assaults another and inflicts great bodily harm may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $30,000, or both.
Source: Minn. Stat. § 609.221
Second-degree assault
Whoever assaults another with a dangerous weapon may be sentenced to imprisonment for not more than seven years or to payment of a fine of not more than $14,000, or both.
Whoever assaults another with a dangerous weapon and inflicts substantial bodily harm may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.
Source: Minn. Stat. § 609.222
Assault on a peace officer
Whoever physically assaults a peace officer is guilty of a gross misdemeanor.
Bias-motivated assault
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 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.
Source: Minn. Stat. § 609.2231
What happens at the first court appearance
The purpose of the first appearance is for the court to inform the defendant of the: (1) charge(s); (2) defendant’s rights, including the right to have counsel appointed if eligible; and (3) opportunity to enter a plea as permitted by Rules 5.06, 5.07, and 5.08.
The court must advise the defendant of the following: (a) The right to remain silent and not submit to interrogation; (b) Anything the defendant says may be used against the defendant in this or any subsequent proceeding; (c) The right to counsel in all proceedings, including police line-ups and interrogations; (d) If the defendant appears without counsel and is financially unable to obtain counsel, counsel will be appointed if the defendant has been charged with an offense punishable by incarceration.
If the defendant is charged with a felony or gross misdemeanor, the court must set a date for a Rule 8 appearance before the court having jurisdiction to try the charged offense no later than 14 days after the defendant’s initial appearance under Rule 5, unless the defendant waives the right to a separate Rule 8 appearance.
In felony cases, a defendant may plead guilty as early as the Rule 8 hearing.
Public defender and right to counsel
The court must appoint the district public defender on request of a defendant who is: (a) charged with a felony, gross misdemeanor, or misdemeanor punishable by incarceration, or subject to an extradition proceeding or probation revocation proceeding; (b) not represented by counsel; and (c) financially unable to obtain counsel.
Source: Minn. R. Crim. P. 5.04
Release and bail after an assault arrest
On appearance before the court, a person must be released on personal recognizance or an unsecured appearance bond unless a court determines that release will endanger the public safety or will not reasonably assure the defendant’s appearance.
In determining conditions of release the court must consider: (a) the nature and circumstances of the offense charged; (b) the weight of the evidence; (c) family ties; (d) employment; (e) financial resources; (f) character and mental condition; (g) length of residence in the community; (h) criminal convictions; (i) prior history of appearing in court; (j) prior flight to avoid prosecution; (k) the victim’s safety; (l) any other person’s safety; (m) the community’s safety.
In misdemeanor cases, peace officers who decide to proceed with prosecution and who act without a warrant must issue a citation and release the defendant unless it reasonably appears: (1) the person must be detained to prevent bodily injury to that person or another; (2) further criminal conduct will occur; or (3) a substantial likelihood exists that the person will not respond to a citation.
If a defendant demands a speedy trial in writing or on the record in a misdemeanor case, the trial must begin within 60 days.
When the arrest involves domestic abuse
In a domestic abuse case, an individual who is arrested must be brought to the police station or county jail and may not be issued a citation in lieu of arrest and detention.
At the release hearing:
The judge may impose conditions of release or bail on a person arrested for domestic abuse to protect the alleged victim or other family or household members, including an order prohibiting the person from harassing, annoying, telephoning, contacting, or otherwise communicating with the alleged victim, either directly or indirectly.
Questions people ask about assault charges in Minnesota
What counts as assault in Minnesota?
“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 is the most serious assault charge in Minnesota?
Whoever assaults another and inflicts great bodily harm may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $30,000, or both.
What is second-degree assault in Minnesota?
Whoever assaults another with a dangerous weapon may be sentenced to imprisonment for not more than seven years or to payment of a fine of not more than $14,000, or both. Whoever assaults another with a dangerous weapon and inflicts substantial bodily harm may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.
What happens if I am charged with assaulting a police officer?
Whoever physically assaults a peace officer is guilty of a gross misdemeanor.
Will I be released after an assault arrest?
On appearance before the court, a person must be released on personal recognizance or an unsecured appearance bond unless a court determines that release will endanger the public safety or will not reasonably assure the defendant’s appearance. In determining conditions of release the court must consider: (a) the nature and circumstances of the offense charged; (b) the weight of the evidence; (c) family ties; (d) employment; (e) financial resources; (f) character and mental condition; (g) length of residence in the community; (h) criminal convictions; (i) prior history of appearing in court; (j) prior flight to avoid prosecution; (k) the victim’s safety; (l) any other person’s safety; (m) the community’s safety.
What happens at my first court appearance?
The purpose of the first appearance is for the court to inform the defendant of the: (1) charge(s); (2) defendant’s rights, including the right to have counsel appointed if eligible; and (3) opportunity to enter a plea as permitted by Rules 5.06, 5.07, and 5.08.
Can I get a public defender for an assault charge?
The court must appoint the district public defender on request of a defendant who is: (a) charged with a felony, gross misdemeanor, or misdemeanor punishable by incarceration, or subject to an extradition proceeding or probation revocation proceeding; (b) not represented by counsel; and (c) financially unable to obtain counsel.
Are the rules different when a domestic assault is alleged?
In a domestic abuse case, an individual who is arrested must be brought to the police station or county jail and may not be issued a citation in lieu of arrest and detention. The judge may impose conditions of release or bail on a person arrested for domestic abuse to protect the alleged victim or other family or household members, including an order prohibiting the person from harassing, annoying, telephoning, contacting, or otherwise communicating with the alleged victim, either directly or indirectly.
Talk with Martine Law about assault charges
Acting early gives counsel the most room to work, and Martine Law handles assault 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.
