The term assault covers such a wide spectrum of charges that it can be difficult to understand what kind of crime you may have been accused of committing. When you hire an assault lawyer, they can help you answer questions like, “What is the statute of assault in Minnesota?”
Ronnie Santana of Santana Law, PLLC, is a former prosecutor who now takes pride in defending residents of the Twin Cities and Minnesota. With experience on the other side of the courtroom, he is uniquely equipped to achieve a favorable outcome in your assault case. Mr. Santana knows how challenging the criminal process can be, and he’s here to ease the legal burden so you can focus on your own well-being.
Before you hire an assault defense lawyer, it can be helpful to learn more about the statute of assault in Minnesota. Section 609.224 of the Minnesota Statutes outlines many aspects of what state law considers to be assault, including what is classified as a misdemeanor or a felony charge.
Simply put, assault occurs when an individual intentionally threatens or acts out violence against another person. This offense can be sorted into many additional labels, such as sexual assault, assault with a deadly weapon, and aggravated assault.
Simple assault was the most common form of violent crime committed in Minnesota in 2023. Domestic assault is another common offense, sometimes referred to as intimate partner violence (IPV). This can start even in childhood, as an estimated 9,400 children have experienced IPV already by the time they are in 8th grade.
Assault charges are classified in degrees of severity, with the fifth degree being the lowest level and the first being the highest.
First-degree assault is the most severe type of assault you can be charged with in the state of Minnesota. Under Sec. 609.221 MN Statutes, you may face charges for first-degree criminal assault, which is a felony, when your actions lead to any of the following:
Second-degree assault is next in line for the most severe charges you can receive. Sec. 609.222 MN Statutes states that second-degree criminal assault is also a felony offense. When you are charged with second-degree assault, you have been accused of assault with a dangerous weapon, potentially leading to substantial bodily harm. You could face up to 10 years in prison and a fine of $20,000.
There are two different situations in which you may be accused of the felony charge of third-degree assault. Sec. 609.223 MN Statutes states that an assault can be classified as a third-degree felony if the victim is a minor and/or they suffer great bodily harm due to the alleged assault. You could be facing a fine of up to $10,000 and five years in prison.
According to Sec. 609.2231 MN Statutes, fourth-degree assault is considered a gross misdemeanor charge that is often connected to law enforcement. If an assault leads to a police officer suffering from a substantial injury, you could end up facing felony charges. This makes the offense a “wobbler,” as the act of assault on an officer can result in either misdemeanor or felony charges depending on certain mitigating factors.
Fifth-degree assault, often referred to as simple assault, is an umbrella charge covering all remaining offenses that fit the definition of assault. Sec. 609.224 MN Statutes states that fifth-degree assault can be classified as a misdemeanor offense.
If you have been charged with any kind of assault in the state of Minnesota, you should strongly consider hiring an assault lawyer. Regardless of your innocence or whether you have been charged with a misdemeanor or a felony, there is too much at risk for you to leave such a powerful tool unutilized. A defense lawyer can protect you, your rights, and your desired outcomes.
A: In Minnesota, a person can be accused of committing assault if they threaten to harm another individual or act upon their threat to do so. While the severity of assault charges varies, Minnesota takes them very seriously. Regardless of the details of your charges, an assault lawyer can help.
A: There is a wide variety of evidence that can be used in a Minnesota assault case, including videos, pictures, texts, recorded phone calls, witness testimonials, diagnoses from medical professionals, past police reports, and more. An assault lawyer can examine the evidence against you, work to build a strong case, and determine if the evidence was legally obtained.
A: The cost of hiring an assault lawyer is usually unique to the situation. Your final cost may be impacted by the amount of time it takes to resolve your case, as well as how complicated it is. Santana Law, PLLC, can help you build a case in pursuit of your desired outcomes, making every expenditure feel worthy.
A: Simple assault is the lowest level assault charge you can receive in Minnesota. This is considered a fifth-degree assault charge, which is classified as a misdemeanor. It is wise to remember, however, that even the simplest charges can greatly impact your future. Therefore, it’s recommended that you hire an assault lawyer in an effort to avoid a conviction.
If you’re facing assault charges in Minnesota, you have a right to representation. Find out how Santana Law, PLLC, can help you and your case by scheduling a consultation today.