In Minnesota, assault doesn’t require physical contact—creating fear of harm is enough. A strong defense challenges intent and evidence. Act fast to protect your rights. #CriminalDefense #AssaultCharges
No One Got Hurt Or Even Touched – So Why Am I Charged With Assault?
The word “assault” brings to mind a physical attack. But many people are surprised to learn that criminal assault in Minnesota can involve no contact whatsoever. This is because Minnesota recognizes two distinct types of assault: (1) harm based; and (2) fear based.
The reasoning behind this distinction is simple: it is equally wrong to physically hurt someone as it is to purposefully try to place a person in fear of immediate bodily harm or death. The main difference lies in what the law seeks to punish.
Harm-based assault focuses on the outcome—someone experienced physical pain or injury. Fear-based assault focuses on the intent—actions meant to make another person feel afraid of being harmed or killed.
For example, imagine two men arguing at a bar. As things heat up, one of them leaps off his stool, storms towards the other, and shouts, “I’ll snap your F**king neck”. Instead of following through, he stops short, stares the other man down, and leaves. While no physical contact occurred, this scenario could still result in a fear-based assault charge.
If you’re facing an assault charge, whether harm-based or fear-based, it’s critical to understand the nuances of the law and how these apply to your case. An experienced and knowledgeable criminal assault attorney can assess the details, challenge the evidence, and build a strong defense to protect your rights. Acting quickly gives your attorney more time and opportunities to help you achieve the best possible outcome.
Have questions? Contact Ryan McKinney at (612) 300-1208
If you or someone you know has been accused of non-contact assault in Minnesota, don’t wait to get the legal help you need. Contact McKinney Defense today by calling (612) 300-1208 or filling out our online form to schedule a FREE consultation. Let us me fight for your rights and help you take the first step toward fair representation.
Copyright © 2025 McKinney Defense PLLC. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in Minnesota or your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

