There are 5 different levels of assault in the State of Minnesota. The levels are 1st degree, 2nd degree, 3rd degree, 4th degree, and 5th degree, with 1st degree felony assault being the most serious.
First 1st degree assault is a felony assault with the infliction of great bodily harm. Great bodily harm is generally speaking, an assault with such injuries inflicted that they are likely to cause death or involves a permanent injury. Conviction of 1st degree assault is in the category of a crime of violence, with the lifetime loss of Second Amendment rights.
Second 2nd degree assault is a felony assault, which usually involves the use of a dangerous weapon. A dangerous weapon can include a firearm, a knife, a motor vehicle, to name a few. A second degree assault is also categorized as a crime of violence under Minnesota law.
Third 3rd degree assault is also a felony. It involves the infliction of substantial bodily harm. Substantial bodily harm typically involves a broken bone. A third degree assault is also considered a crime of violence.
Fourth 4th degree assault is a felony, and usually involves an assault upon a police officer, firefighter, or a prison guard, or the like.
Fifth 5th degree assault is a misdemeanor. The maximum penalty for a misdemeanor is up to 90 days in jail and a $1000.00 fine. An assault is the intentional infliction of bodily harm upon another, or, doing an act with intent to cause fear in another of immediate bodily harm or death. The injuries in a 5th degree assault usually involve bruising, or no injuries.
A related category is domestic assault. Domestic assault is an assault that typically involves a romantic partner, or a family member. Under state law, following a conviction of misdemeanor domestic assault, a person is prohibited from possessing firearms for 3 years. Under federal law, a misdemeanor crime of domestic violence conviction results in a lifetime ban on possession of firearms.
A first time domestic assault is a misdemeanor. A second domestic assault conviction may be a gross misdemeanor. A third conviction of domestic assault may be a felony.
A DANCO, a Domestic Abuse No Contact Order is usually issued in domestic assault cases. This prohibits contact with the alleged victim. A violation of a DANCO Order is a new criminal charge, in addition to the already pending domestic assault charge.
Minnesota Criminal Defense Lawyer Lynne Torgerson, a lawyer of excellence and experience over 30 years, can represent you in assault and domestic assaults case. For representation, call Lynne Torgerson today at (612) 339-5073!