Minnesota’s criminal statutes create five different degrees of assault. From lowest to highest: fifth, fourth, third, second, and first degrees.

The different factors that determine what degree an assault crime will be are the amount and type of physical harm caused; the victim; and the type of force or weaponry used.

Fifth Degree Assault:

The lowest level of assault is fifth degree. It includes causing any amount of “bodily harm” to another. It may also include causing fear in another, which you can learn more about here . Bodily harm may include a scratch or a bruise but does not require any marking. Experiencing pain is enough.

A fifth-degree assault may be charged as a misdemeanor, gross misdemeanor, or felony level offense, depending on whether the accused has any qualified prior convictions. Qualified priors include convictions for prior assaults, domestic assaults, murders, criminal sexual conduct, and no-contact-order violations.

Maximum penalties range from 90 days in jail up to 5 years in prison, depending on the severity of the offense.

Fourth Degree Assault:

Fourth-degree assaults cover a wide range of situations. Broadly, there are two types: (1) assaults against a protected group; and (2) assaults motivated by bias.

Protected groups include a wide range of public employees or people performing similar community functions, such as: peace officers; firefighters; emergency medical personnel; doctors; nurses; DNR employees; correctional employees; prosecutors; judges; probation officers; secure treatment facility personnel; school officials; CPS workers, inspectors, and animal control officers; members of community crime prevention groups; vulnerable adults; postal employees; as well as bus and transit operators.

Assaults motivated by bias encompass a variety of protected classes. These include both a person’s actual or perceived traits. Protected traits are race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, disability, or a person’s association with a protected person or group.

Fourth-degree assaults may be charged as gross misdemeanors or felony offenses, depending on the type and circumstances. Maximum penalties range from 364 days in jail to up to 3 years in prison.

Third Degree Assault:

All third-degree assaults are felony offenses with a maximum penalty of up to five years in prison. There are two types: (1) against adults; and (2) against certain children.

Third-degree assault against an adult requires there to be “substantial bodily harm”. The law defines this type of harm as an injury involving “a temporary but substantial disfigurement”, “a temporary but substantial loss or impairment” of a bodily member or organ, or “a fracture of any bodily member.” Most often, this type of harm is something like a fractured bone.

Third-degree assault against children includes cases where there is a “past pattern” of abuse by the same person. It also includes cases where the victim is less than 4 years old and there is some harm to the child’s head, eyes, neck, or when there are multiple bruises.

Second Degree Assault:

All second-degree assaults involve the use of a “dangerous weapon”. All are felony offenses. The maximum penalty is anywhere from 7–10 years in prison, depending on whether substantial bodily harm was caused.

Dangerous weapons include a wide variety of items. Both loaded and unloaded firearms qualify. Additionally, “any device designed as a weapon and capable of producing death or great bodily harm” is a dangerous weapon. Certain flammable liquids and explosives are also included. Lastly, the law finds that any “device or instrumentality” that is used in a manner that is intended or is likely to cause death or great bodily harm is also a dangerous weapon.

Minnesota Courts have found that hands and feet may be dangerous weapons in the right circumstances, as well as things like pool cues, broom handles, and boards.

First Degree Assault:

All first-degree assaults are felony offenses. There are two types (1) those that cause “great bodily harm”; and (2) those using “deadly force” against protected people.

Causing great bodily harm against anyone is a first-degree assault. “Great bodily harm” is defined as an injury with a “high probability of death” or that causes “permanent disfigurement” or “permanent or protracted loss” of a bodily member or organ.

The penalty for causing great bodily harm is up to 20 years in prison. However, when the harm is caused to a protected class of people—cops, prosecutors, judges, or correctional employees—there are mandatory minimum sentences, ranging from 10–25 years in prison. The maximum sentences also increase, ranging from 25–30 years, depending on whether a dangerous weapon as also used.

The second type of first-degree assault happens when “deadly force” is used against a cop, prosecutor, judge, or correctional employee. Deadly force is that which has a purpose of causing death or that a reasonable person would know creates a substantial risk of causing death or great bodily harm. These assaults have a mandatory minimum sentence of 10 years, and a maximum sentence of 20 years in prison.

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If you or someone you know has been accused of an assault crime 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 me fight for your rights and help you take the first step toward fair representation.

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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.

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