ASSAULT

Minnesota Assault Defense Attorney

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Have you or a loved one been charged with assault in Minnesota? Even a low-level misdemeanor assault carries profound consequences for you and your family. In the state of Minnesota, an assault conviction could prevent you from getting a job, signing a lease, or even volunteering at your child’s school. Contact Eric Doolittle and the team at Lighthouse Defense today for a free and confidential discussion about your case.

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Assault in the Fifth Degree

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Fifth degree assault is either a misdemeanor or gross misdemeanor. Whoever does any of the following commits an assault and is guilty of a misdemeanor:

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• 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.

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Assaulting the same victim within ten years of a previous assault or domestic violence-related offense, conviction, or anyone within three years of a previous assault, or domestic violence-related offense conviction, is a gross misdemeanor. A gross misdemeanor is punishable by up to  one year in jail and/or a fine of $3,000.

 

Assault in the Fourth Degree

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There are many ways to be charged with a fourth degree assault. Depending on the circumstances, a fourth degree assault can be charged as a gross misdemeanor or a felony. Typically, a fourth degree assault involves police, firefighters, or emergency personnel, but can also involve a hate crime, vulnerable adult, or school official. 

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Assault in the Third Degree

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A third degree assault is a felony and typically involves inflicting substantial bodily harm on someone. The law defines "substantial bodily harm" as a bodily injury involving a temporary but substantial disfigurement, a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member.

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Whether or not an injury rises to the level of substantial bodily harm is something that can be challenged in court. If you were forced to defend yourself and gave someone a black eye, or broken nose, you could be charged with a third degree assault, a crime punishable for up to five year in prison and/or a $10,000 fine. 

 

Assault in the Second Degree

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Second degree assault usually involves a dangerous weapon. Minnesota law defines a dangerous weapon as:

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• any firearm, whether loaded or unloaded;

• any device designed as a weapon and capable of producing death or great bodily harm;

• any combustible or flammable liquid or other device or instrumentality that, in the manner it is used or intended to be, is likely to produce death or great bodily harm;

• or any fire that is used to produce death or great bodily harm.” (Minnesota Statute 609.02 Subd. 6).

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A second degree assault is punishable up to seven years prison and/or a $14,000 fine. If the assault caused substantial bodily harm the maximum sentence increases to ten years and/or a $20,000 fine. You could be charged with a second degree assault for pointing an unloaded weapon at someone. 

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Assault in the First Degree

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A first degree assault involves great bodily harm. Minnesota law defines great bodily harm as an injury which creates a high probability of death, causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ.

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Minnesota law presumes that someone convicted of a first degree assault, without any previous criminal record, is sentenced to prison for a period of 86 months. The maximum sentence for first degree assault is 20 years in prison and a $30,000 fine.

 

Contact a Minnesota Assault Lawyer

 

​A Minnesota assault conviction can have serious and lasting consequences. You could lose your job, right to own a firearm, or for non-citizens, lose the right to reside in the U.S. The first step to protecting yourself, your family, and what is important to you is having a skilled and experienced Minnesota assault lawyer in your corner.

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If you or a loved one has been charged with any level of assault, contact Eric Doolittle and the team at Lighthouse Defense today for a free case review and make a strong move toward protecting what matters to you.