Assault charges are always serious, and when the victim is a senior citizen, the penalties can be even more severe. If you are in Minnesota and have been charged with assault, this is what you need to know.
Older adults are considered more vulnerable under the law, and prosecutors often pursue tougher charges when an alleged victim is 65 or older.
If you or someone you know is accused of assaulting a senior citizen in Minnesota, it’s important to understand the potential consequences. Don’t face this alone; avoid the worst scenario by contacting a local experienced lawyer.
How assault is defined under Minnesota law
Minnesota law defines assault as:
- Intentionally causing or attempting to cause bodily harm to another person, or
- Acting in a way that causes another person to reasonably fear immediate bodily harm or death.
Assault charges can apply even if there was no actual injury—threats or attempts can be enough. (Minn. Stat. § 609.224)
Extra protections for senior citizens
Minnesota law provides enhanced protection for vulnerable adults, which can include senior citizens who may be physically or mentally unable to protect themselves. Under Minn. Stat. § 626.5572, a “vulnerable adult” may include elderly individuals receiving care, living in a facility, or otherwise at risk due to age or condition.
This means an assault involving a senior citizen can be charged more harshly than a similar act against a younger adult.
| Vulnerable Adult Definition | Examples |
| Who qualifies as a vulnerable adult (18+ years old) | – Has a physical, mental, or emotional disorder that makes it difficult to care for themselves or protect themselves from maltreatment.- Lives in a licensed care facility (hospital, nursing home, transitional care unit, assisted living, housing with services, board and care, foster care, etc.).- Receives licensed services such as home care, day services, or personal care assistance. |
| Types of Maltreatment | Abuse: Physical, emotional, or sexual abuse; use of restraints; involuntary seclusion; punishment.Neglect: Failure to provide food, shelter, clothing, health care, or supervision. Neglect may be by a caregiver/service provider, or because the adult cannot meet their own needs. Financial exploitation: Theft or withholding of money/property, or using money/property not for the adult’s benefit. |
More about senior citizen protection
Penalties for assaulting a senior citizen in Minnesota
The exact penalty depends on the degree of assault and the harm caused, but when the victim is elderly or vulnerable, the charges are more likely to be elevated.
Fifth-Degree Assault (Minn. Stat. § 609.224)
- Misdemeanor: Up to 90 days in jail and a $1,000 fine.
- Gross misdemeanor or felony if there are prior assault convictions within a certain period.
Fourth-Degree Assault (Minn. Stat. § 609.2231)
- Applies when the victim is a vulnerable adult, which can include senior citizens in certain circumstances.
- Gross misdemeanor: Up to 1 year in jail and a $3,000 fine.
- Felony (if substantial bodily harm occurs): Up to 3 years in prison and a $6,000 fine.
Third-Degree Assault (Minn. Stat. § 609.223)
- If the senior suffers substantial bodily harm, the charge may rise to third-degree assault.
- Penalty: Up to 5 years in prison and a $10,000 fine.
Second- or First-Degree Assault (Minn. Stat. §§ 609.222–609.221)
- If a dangerous weapon is used or the victim suffers great bodily harm, penalties increase sharply.
- Possible prison terms range from 7 to 20 years, with fines up to $30,000.
Contact an expert lawyer today.
Other consequences
Beyond jail or prison time and fines, someone convicted of assaulting a senior citizen may face:
- A permanent criminal record
- Loss of employment opportunities, especially in caregiving or healthcare
- Barriers to housing and professional licenses
- Immigration consequences for non-citizens
- Lasting damage to personal reputation
Possible defenses
Assault cases often depend on context, intent, and evidence. Defenses may include:
- Self-defense (reasonable force to protect yourself or another)
- Lack of intent (accidental contact rather than purposeful harm)
- False or exaggerated allegations
- Insufficient evidence to prove assault beyond a reasonable doubt
Because courts treat cases involving senior citizens very seriously, having a strong defense strategy is critical.
Key takeaways
- Assaulting a senior citizen in Minnesota can result in elevated charges and harsher penalties under vulnerable adult protections.
- Penalties range from misdemeanors to felonies with up to 20 years in prison, depending on the level of harm and circumstances.
- Collateral consequences—employment, housing, reputation—can be just as damaging as the legal penalties.
- An experienced criminal defense lawyer is essential to protect your rights and build the best defense.
At Martine Law, we know how overwhelming an assault charge can feel, especially when it involves a senior citizen. Our team is here to guide you through the process with compassion and skill, protecting both your rights and your future.
If you are facing an assault charge in Minnesota, contact Martine Law today for a confidential consultation: Martine Law Contact