Information: assault charges in Minnesota

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, 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!

What levels of assault are there under Minnesota law?

Minneapolis Criminal Appeals Attorney

In the State of Minnesota, generally, there are five (5) levels of assault, and, domestic assault. An assault is defined as doing an act with intent to cause fear in another of immediate bodily harm or death, or intentionally inflicting bodily harm upon another. A domestic assault case is an assault case typically involving a romantic partner.

In Minnesota, the five (5) levels, from least severe, to most severe, include fifth degree misdemeanor assault. This usually involves a fist fight, where someone is slapped or bruising occurs. There is an important distinction in misdemeanor 5th degree assault. Sometimes, people just do an act with the intent to cause fear in another of immediate bodily harm. This typically involves lesser consequences. The other type of 5th degree assault is where the person actually inflicts some type of bodily harm. The remainder of the levels are all felonies. Fourth (4th) degree assault is a felony, and usually involves an assault against a law enforcement officer or a correctional officer. Third degree assault is a felony, and usually involves a broken bone. Second (2nd) degree assault is a felony, and usually involves the use of a dangerous weapon. A dangerous weapon usually involves a firearm, a knife, or a motor vehicle. First (1st) degree assault is the most severe, and usually involves the infliction of injuries which are life threatening.

Typically, the extent of injuries inflicted determined the severity level of the offense. These are also defined by statutes. “Bodily harm” means physical pain or injury, illness, or any impairment of physical condition. “Substantial bodily harm,” this is involved in felony 3rd degree assault, is defined as bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which cause a fracture of any bodily member. “Great bodily harm,” which is involved in 1st degree assault, means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or roan or other serious bodily harm.

For a misdemeanor, the maximum punishment is up to $1000.00 fine and 90 days in jail. The punishment for a felony is one year and one day in prison or longer.

If you or a loved one is charged with a crime, you need to hire a Top Criminal Defense Lawyer such as Lynne Torgerson as soon as possible. Your lawyer needs as much time as possible to work on the case. Top Criminal Defense Lawyer Lynne Torgerson has been practicing in excess of 30 years. Experience makes a difference. Contact Lynne Torgerson today at (612) 339-5073.

Minneapolis Criminal Appeals Attorney