What is the Difference Between Misdemeanor and Felony Assault in Minnesota?

Assault charges in Minnesota vary widely depending on the severity of the offense, the use of a weapon, and the harm caused. 

Understanding the difference between misdemeanor and felony assault is crucial for anyone facing charges, as the consequences can range from fines and probation to significant prison time.

At Martine Law, we help clients navigate assault charges, protect their rights, and develop the best defense strategies under Minnesota law.

How does Minnesota define assault?

In Minnesota, assault generally involves intentionally causing or attempting to cause bodily harm to another person. Minnesota law categorizes assault into three main types:

• Simple Assault: Typically a misdemeanor, involving minor or no physical injury.
• Aggravated Assault: Usually a felony, involving serious injury or use of a dangerous weapon.
• Other Assault Variants: Includes domestic assault, assault with intent to commit a felony, and assault on certain protected individuals like police officers.

The distinction between misdemeanor and felony assault largely depends on the severity of the injury, intent, and circumstances of the act.

Misdemeanor Assault in Minnesota

Misdemeanor assault is less severe but still a criminal offense. Key points include:

• Common charges: Simple assault, simple domestic assault, or assault causing minor bodily harm.
• Penalties:
  • Up to 90 days in jail
  • Fines up to $1,000
  • Probation, community service, or anger management programs
• Examples:
  • Pushing someone in a fight without causing serious injury
  • Minor physical altercation with a family member

Misdemeanor assault charges can often be resolved through plea agreements, diversion programs, or counseling, especially for first-time offenders.

For guidance, see our Minneapolis assault lawyer page.

Felony Assault in Minnesota

Felony assault involves more serious conduct and carries harsher consequences. Factors that can elevate an assault to a felony include:

• Use of a deadly weapon or dangerous instrument
• Serious bodily injury to the victim
• Intent to commit a more severe crime
• Assault against a protected person, such as a police officer, healthcare worker, or family member in domestic cases

Penalties for felony assault:

• Imprisonment for over one year (depending on the degree)
• Significant fines, often tens of thousands of dollars
• Mandatory probation or supervised release upon release
• Long-term impact on criminal record, employment, and civil rights

Minnesota defines felony assault degrees as follows:

• First-Degree Assault: Intentional or knowing infliction of great bodily harm or use of a dangerous weapon.
• Second-Degree Assault: Substantial bodily harm or assault of a peace officer.
• Third-Degree Assault: Causes substantial bodily harm recklessly or by negligence with a weapon.

Felony assault cases are complex, and defending against them requires an experienced Minneapolis criminal defense attorney.

What should you do if charged with assault?

1. Contact a lawyer immediately
   • Assault charges escalate quickly, and early legal intervention can influence outcomes.
2. Preserve evidence and witnesses
   • Documentation, surveillance, or witness testimony can be critical to your defense.
3. Avoid discussing the case publicly
   • Statements to police, social media posts, or third parties can be used against you.
4. Understand diversion and alternative programs
   • First-time misdemeanor offenders may qualify for probation, counseling, or community service programs.

Key takeaways or legal advice

• Misdemeanor assault is less serious, with shorter jail time and smaller fines.
• Felony assault involves serious injury, weapons, or protected victims, and carries severe prison sentences.
• The line between misdemeanor and felony depends on injury, intent, and circumstances.
• Early legal representation is essential for building a strong defense and protecting your rights.

At Martine Law, we guide clients through both misdemeanor and felony assault cases, developing strategies tailored to the situation while focusing on your future. Call us today for a confidential consultation or learn more on our Minneapolis assault lawyer page.

Frequently Asked Questions (FAQ)

1. Can a misdemeanor assault be upgraded to a felony?

Yes. If additional evidence shows serious bodily harm, use of a weapon, or assault against a protected individual, a misdemeanor can be charged as a felony. Early legal intervention is crucial to prevent escalation.

2. What is the difference in jail time between misdemeanor and felony assault?

• Misdemeanor assault: Up to 90 days in county jail.
• Felony assault: Over one year in state prison, depending on the degree and severity of the offense.

3. Can first-time offenders avoid jail for assault charges?

Possibly. First-time misdemeanor offenders may qualify for diversion programs, probation, or counseling, especially if there is no serious injury. Felony charges, however, usually require strong legal defense to avoid prison.

4. Does assault affect my criminal record differently depending on the charge?

Yes. Felony convictions have long-term consequences on employment, housing, professional licenses, and civil rights. Misdemeanor convictions are less severe but still appear on criminal records and can impact certain opportunities.

5. Should I speak to the police if charged with assault?

You should always consult a lawyer before speaking with police. Anything you say can be used against you, even if you believe you are being cooperative.

6. How can a lawyer help with assault charges?

An experienced Minneapolis criminal defense lawyer can:

• Evaluate the evidence and charge severity
• Negotiate reduced charges or diversion programs
• Represent you in court to protect your rights
• Help minimize long-term consequences on your record