Examples of 4th Degree Assault in Minnesota

If you’ve been accused of committing 4th-degree assault, you should take those charges seriously and hire an assault lawyer immediately. The following are some examples of 4th-degree assault in Minnesota.

What Is 4th-Degree Assault?

Minnesota categorizes assaults based on their severity, with first-degree assaults being the most serious and fifth-degree assaults being the least serious. Fourth-degree assaults fall somewhere in the middle. They are sometimes tried as felonies and other times as misdemeanors, depending on the circumstances and the level of bodily harm that was caused.

Criteria for 4th-Degree Assault

To be considered a 4th-degree assault, an attack must involve intentional, wanton, or reckless harm to another person. If you used a deadly weapon or another dangerous instrument recklessly, that could also qualify as 4th-degree assault.

You can also have a 5th-degree assault charge bumped up to a 4th-degree assault if your actions were motivated by any form of bias or prejudice against a protected group, which can be defined by their:

• Race
• Color
• Ethnicity
• Religion
• Sex
• Gender
• Sexual orientation
• Gender expression
• Age
• National origin
• Physical disability

Finally, assaulting a public servant while they are on duty is also considered a 4th-degree assault. Public servants who fall under the category of protected persons include:

• Police officers
• Firefighters
• Paramedics
• Correctional officers
• Probation officers
• Prosecutors
• Judges
• School officials
• Government workers
• Community crime prevention group members
• Utility workers
• Postal workers
• Transit operators

If you attack any of these protected people while they are performing their jobs, you could face felony 4th-degree assault charges.

Common Examples of 4th-Degree Assault

To be considered a 4th-degree assault, the attack must be an intentional act not committed in self-defense or the defense of others, and there must not have been any substantial bodily harm. Minor cuts, scratches, bruises, and scrapes are not usually considered major bodily harm.

When taken against one of the protected groups described above, the following actions can be common examples of 4th-degree assault:

• Punching a person in the face
• Pushing a person to the ground
• Throwing objects at people
• Spitting on people
• Grabbing a person’s hair or clothing

What all these examples have in common is that they constitute intentional acts that involve a small amount of harm against another person. If you’re not sure whether your actions constituted 4th-degree assault, consult an assault attorney.

Potential Penalties for 4th-Degree Assault

A 4th-degree assault can be tried as a misdemeanor or a felony, depending on the circumstances of the case. If you’re charged with a gross misdemeanor, you could face up to 12 months in jail $3,000 in fines. Most examples of 4th-degree assault tried as misdemeanors do not involve demonstrable bodily harm.

If your assault resulted in bodily harm to another person or involved throwing bodily fluids at a public servant, it could be escalated to a felony. The maximum penalty for a fourth-degree felony assault is three years in prison and a fine of $6,000.

There are also collateral consequences to being convicted of a felony assault. You could face difficulty with securing housing, finding a job, and other essential activities upon your release. If applicable, your professional license could be revoked, and you could lose your right to possess firearms.

Assault Charges By the Numbers

The Gopher State is a relatively safe place to live. In 2024, it had a violent crime rate of 257 crimes per 100,000 people. That’s 28.5% lower than the US average. According to the Bureau of Criminal Apprehension, the same year saw 9,826 aggravated assaults in Minnesota. The BCA does not differentiate between different levels of assault.

FAQs

What Is an Example of a 4th-Degree Assault in Minnesota?

One example of a 4th-degree assault in Minnesota would be assaulting a police officer, firefighter, or another protected individual while on duty. The assault doesn’t have to be a direct physical altercation. Intentionally throwing bodily fluids or causing bodily harm in other ways is also considered an assault on a protected person.

What Evidence Is Needed in Assault Cases?

The evidence needed in assault cases varies. It can include:

• Testimony from the alleged victim
• Physical evidence, such as a weapon
• Forensic evidence, such as DNA or fingerprints
• Documentation of the injuries
• Digital evidence, such as surveillance footage
• Eyewitness accounts
• Police reports

The victim’s testimony is often the central piece of evidence in an assault case, but the case will be easier to beat if there is no corroborating evidence.

What Are the Levels of Assault in Minnesota?

The levels of assault in Minnesota range from first-degree to fifth-degree. The degree of assault is determined both by the specific circumstances and the severity of the harm caused to the alleged victim. First, second, and third-degree assaults tend to involve more serious felony charges, while fourth and fifth-degree assaults are generally considered less serious.

What Is the Punishment for 4th-Degree Assault in Minnesota?

The punishment for 4th-degree assault in Minnesota varies based on the specifics of the crime. In some cases, these crimes are tried as gross misdemeanors. In others, they’re considered felonies. When convicted of misdemeanor 4th degree assault, you could face up to one year in jail and up to $3,000 in fines. If your 4th-degree assault was a felony, you could face up to three years in prison and fines of up to $6,000.

Hire an Assault Lawyer

Have you been accused of committing one of these examples of 4th-degree assault in Minnesota? If so, it’s time to hire an assault lawyer to help you evaluate your options. You can trust Santana Law, PLLC, to provide legal advice and representation throughout your case. Founding attorney Ronnie Santana has worked as a defense attorney for years but also has experience as a prosecutor, giving him a unique perspective on Minnesota assault laws. Contact the firm today.