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Assault is the intentional infliction of bodily harm or the attempt to cause bodily harm on another. Assault is also acting with the intent to cause fear in another of immediate bodily harm or death. You can be charged with assault without ever physically harming anyone. There are varying degrees of assault, each having their own distinct penalties.

If you have been charged with or are under investigation for assault, the attorneys at Valentini law are here to help. Contact us at (612) 341-0900 to secure experienced and professional representation for your case.

First Degree Assault

First degree assault is a felony offense. If the assault was motivated by the assaulted persons race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity/expression, age, national origin, or disability, a first degree assault charge will be subject to a 25% increase of the maximum penalty. If you are charged with first degree assault, you may be charged under any of the following subdivisions:

• Great Bodily Harm: This charge occurs when the person assaulted suffers great bodily harm. “Great bodily harm” means an injury which creates a high probability of death, causes serious permanent disfigurement, or causes a permanent or long loss/impairment of the function of any part of the body. If you are charged with first degree assault under this subdivision, the penalties include up to 20 years in prison and/or a $30,000 fine.

• Use of Deadly Force Against a Peace Officer, Prosecuting Attorney, Judge, or Correctional Employee: This charge occurs when there was a use or attempted use of deadly force in the assault of a peace officer, prosecuting attorney, judge, or correctional employee. If you are charged with first degree assault under this subdivision, the penalties include 10–20 years in prison and/or a $30,000 fine.

• Great Bodily Harm to a Peace Officer, Prosecuting Attorney, Judge, or Correctional Employee: This charge occurs when the person assaulted is a peace officer, prosecutor, judge, or correctional employee, and they suffer great bodily harm. If you are charged with first degree assault under this subdivision, the penalties include 15–25 years in prison and/or a $35,000 fine.

• Use of Dangerous Weapon or Deadly Force Resulting in Great Bodily Harm to a Peace Officer, Prosecuting Attorney, Judge, or Correctional Employee: This charge occurs when there is a dangerous weapon or an attempt to use deadly force in the assault of a peace officer, prosecuting attorney, judge, or correctional employee AND they suffer great bodily harm. If you are charged with first degree assault under this subdivision, the penalties include 25–30 years in prison and/or a $40,000 fine.

Second Degree Assault

Second degree assault is a felony offense. If the assault was motivated by the assaulted persons race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity/expression, age, national origin, or disability, second degree assault charges will be subject to a 25% increase of the maximum penalty. If you are charged with second degree assault, you may be charged under any of the following subdivisions:

• Dangerous Weapon: This charge occurs when there is a dangerous weapon used in the assault. If you are charged with second degree assault under this category, the penalties include up to 7 years in prison and/or a $14,000 fine.

• Dangerous Weapons with Substantial Bodily Harm: This charge occurs when there is a dangerous weapon used in the assault and the assaulted person suffers substantial bodily harm. “Substantial bodily harm” means an injury which involves a temporary but substantial disfigurement, causes temporary but substantial loss/impairment of the function of any part of the body, or a facture to any part of the body. If you are charged with second degree assault under this subdivision, the penalties include up to 10 years in prison and/or a fine of $20,000.

Third Degree Assault

Third degree assault is a felony offense. If the assault was motivated by the assaulted persons race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity/expression, age, national origin, or disability, a third degree assault charge will be subject to a 25% increase of the maximum penalty. If you are charged with third degree assault, you may be charged under any of the following subdivisions:

• Substantial Bodily Harm: This charge occurs if the person assaulted suffers substantial bodily harm. “Substantial bodily harm” means an injury which involves a temporary but substantial disfigurement, causes temporary but substantial loss/impairment of the function of any part of the body, or a facture to any part of the body. If you are charged with third degree assault under this subdivision, the penalties include up to 5 years in prison and/or a fine of $10,000.

• Past Pattern of Child Abuse: This charge occurs if the person assaulted is a minor. There must be a past pattern of child abuse against the minor to be charged under this subdivision. If you are charged with third degree assault under this subdivision, the penalties include e up to 5 years in prison and/or a fine of $10,000.

• Victim Under Four: This charge occurs if the person assaulted is a child under the age of four, and the child suffered bodily harm to their head, eyes, or neck, or otherwise have multiple bruises on the body. If you are charged with third degree assault under this subdivision, the penalties include up to 5 years in prison and/or a fine of $10,000.

Fourth Degree Assault

Fourth degree assault is either a felony or gross misdemeanor offense, depending on the specific charges. Fourth degree assault happens when the person assaulted was within a protected class. The charges range from attacks on public servants to attacks on vulnerable adults. Fourth degree assault also includes attacks motivated by bias.

If you are charged with felony fourth degree assault, you may be charged under any of the following subdivisions:

• Peace Officer Felony: This charge occurs if the person assaulted was a peace officer and they either (1) suffered demonstrable bodily harm, or (2) had bodily fluids or feces intentionally thrown at them. If you are charged with fourth degree assault under this subdivision, the penalties include up to 3 years in prison and/or a fine of $6,000.

• Firefighters and emergency medical personnel: This charge occurs if the person assaulted was a member of a fire department, an EMT, or an emergency room employee, and they were assaulted while performing their duties. If you are charged with fourth degree assault under this subdivision, the penalties include up to 2 years in prison and/or a fine of $4,000.

• Correctional Employees; Prosecuting Attorneys; Judges; Probation Officers: This charge occurs when the person assaulted was either a correctional employee, a prosecutor, a judge, probation officer, or another person employed, and they either (1) suffered demonstrable bodily harm, or (2) had bodily fluids or feces intentionally thrown at them. If you are charged with fourth degree assault under this subdivision, the penalties include up to 2 years in prison and/or a fine of $4,000.

• Secure Treatment Facility Personnel: This charge applies only if you are civilly committed and assaulted an employee of either the Minnesota Security Hospital or the Minnesota Sex Offender Program. If you are charged with fourth degree assault under this subdivision, the penalties include up to 2 years in prison and/or $4,000.
  • If you were civilly committed to the Minnesota Sex Offender Program when the assault occurred, the penalties also include up to an additional 1 year and 1 day of civil commitment.

• Assaults Motivated by Bias: This charge occurs when the assault was motivated by the assaulted person’s race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity/expression, age, national origin, or disability. If you are charged with fourth degree assault in this subdivision, and have been previously convicted under this subdivision within the last 5 years, the penalties include up to 1 year and 1 day in prison and/or a fine of $3,000.

If you are charged with gross misdemeanor fourth degree assault, you may be charged under any of the following subdivisions:

• Peace Officer Gross Misdemeanor: This charge occurs if the person physically assaulted was a peace officer. If you are charged with fourth degree assault under this subdivision, the penalties include up to 364 days in jail and/or a $3,000 fine.

• Certain Department of Natural Resources Employees:  This charge occurs if the person assaulted was an employee of the Department of Natural Resources who was engaged in forest fire activities, and the assault results in demonstrable bodily harm. If you are charged with fourth degree assault under this subdivision, the penalties include up to 364 days in jail and/or a $3,000 fine.

• Assaults Motivated by Bias: This charge occurs when the assault was motivated by the assaulted person’s race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity/expression, age, national origin, or disability. If you are charged with fourth degree assault under this subdivision, the penalties include up to 364 days in jail and/or a $3,000 fine.

• School Official: This charge occurs when the person assaulted was a school official, the assault occurred while they were working, and the assaulted resulted in demonstrable bodily harm. If you are charged with fourth degree assault under this subdivision, the penalties include up to 364 days in jail and/or a $3,000 fine.

• Public Employees with Mandated Duties: This charge occurs when the person assaulted was a public employee engaged in their duties and the assault results in demonstrable bodily harm. If you are charged with fourth degree assault under this subdivision, the penalties include up to 364 days in jail and/or a $3,000 fine.

• Community Crime Prevention Group Members: This charge occurs when the person assaulted was a community crime prevention group member who was engaged in neighborhood patrol at the time of the assault, and the assault results in demonstrable bodily harm. If you are charged with fourth degree assault under this subdivision, the penalties include up to 364 days in jail and/or a $3,000 fine.

• Vulnerable Adults: This charge occurs when the person assaulted was a vulnerable adult and the assault resulted in demonstrable bodily harm. If you are charged with fourth degree assault under this subdivision, the penalties include up to 364 days in jail and/or a $3,000 fine.

• Reserve Officer: This charge occurs when the person assaulted was a reserve officer engaged in their official public duties. If you are charged with fourth degree assault under this subdivision, the penalties include up to 364 days in jail and/or a $3,000 fine.

• Utility and Postal Service Employees/Contractors: This charge occurs when the person assaulted was either a utility or postal service worker engaged in their duties and the assault results in demonstrable bodily harm. If you are charged with fourth degree assault under this subdivision, the penalties include up to 364 days in jail and/or a $3,000 fine.

• Transit Operators: This charge occurs if the person assaulted was a transit operator and the assault included the intentional placement of bodily fluids onto the transit operator while the transit operator was engaged in their duties. If you are charged with fourth degree assault under this subdivision, the penalties include up to 364 days in jail and/or a $3,000 fine.

Fifth Degree Assault

Fifth degree assault is either a felony, gross misdemeanor, or misdemeanor offense, depending on the specific charges. Fifth degree assault can also have implications on your right to possess a firearm. If you are charged with fifth degree assault, you may be charged under any of the following subdivisions:

• Misdemeanor Assault: This charge occurs if you committed an act with the intent to cause fear of immediately bodily harm or death, or if you intentionally inflicted or attempted to inflict bodily harm to someone. If you are charged with misdemeanor fifth degree assault, penalties include up to 90 days in jail and/or a $1,000 fine.

• Gross Misdemeanor Assault: This charge occurs if you were previously convicted of domestic assault, and you committed misdemeanor assault against the same victim within 10 years of your prior conviction. If the person assaulted is not the same victim, then the assault must have occurred within 3 years of your prior conviction. If you are charged with gross misdemeanor fifth degree assault, penalties include up to 364 days in jail and/or a $3,000 fine.

• Felony Assault: This charge occurs if you were previously convicted of domestic assault two or more times, and you committed misdemeanor assault against the same victim within 10 years of your most recent conviction. If the person assaulted is not the same victim, then the assault must occur within 3 years of your most recent conviction. If you are charged with felony fifth degree assault, penalties include up to 5 years in prison and/or a $10,000 fine.