{"id":374210,"date":"2018-09-17T16:04:51","date_gmt":"2018-09-17T21:04:51","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/minnesota-law\/minnesota-assault-laws.html"},"modified":"2018-09-18T10:37:55","modified_gmt":"2018-09-18T15:37:55","slug":"minnesota-assault-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/minnesota-law\/minnesota-assault-laws.html","title":{"rendered":"Minnesota Assault Laws"},"content":{"rendered":"\n
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Minnesota Assault Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

The offenses of assault and battery<\/a> consist of actions such as hitting another person, threatening someone, or taking a swing at an individual and missing. Battery usually involves an offensive touching, while assault often involves a threat or putting someone in fear.<\/p>\r\n

Some jurisdictions combine assault and battery into one crime, but other states separate them; some states may have only one or the other. For instance, Minnesota’s assault laws cover both assaults (threats, placing victims in fear) and traditional battery offenses that include making unwanted physical contact.<\/p>\r\n

Simple Assault<\/h2>\r\n

In Minnesota, a simple assault is a misdemeanor that occurs with the intentional infliction, or attempted infliction, of injury, or by any act committed with the intent to cause fear of imminent injury or death.<\/p>\r\n

Summary of Minnesota Assault Laws<\/h2>\r\n

When you need to become acquainted with the law without reading the legal jargon contained in the statutes, you can start with a plain language reference. See the chart below for a summary of Minnesota’s assault laws.<\/p>\r\n\r\n

Statutes<\/b><\/p>\r\n<\/td>\r\n

Minnesota Statutes:<\/p>\r\n

 <\/p>\r\n

Assault Charges<\/b><\/p>\r\n

 <\/p>\r\n<\/td>\r\n

Fifth Degree:<\/i><\/b><\/p>\r\n

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  • Intent to cause fear of bodily injury or death, or<\/li>\r\n
  • Intentionally inflicting, or attempting to inflict, bodily harm.<\/li>\r\n<\/ul>\r\n

    Fourth Degree:<\/b><\/i><\/p>\r\n

      \r\n
    • Assault on a certain class of victims including, but not limited to, police officers, fire fighters, and school officials.<\/li>\r\n<\/ul>\r\n

      Third Degree:<\/i><\/b><\/p>\r\n

        \r\n
      • Inflicting substantial bodily harm<\/b>; punishable by up to 5 years and\/or fines up to $10,000.<\/li>\r\n
      • Assaulting a minor and the perpetrator has engaged in a past pattern of child abuse<\/b> against the minor; punishable by up to 5 years imprisonment and\/or fines up to $10,000.<\/li>\r\n
      • Assaulting a victim who is under age 4<\/b> and causing bodily harm to the child’s head, eyes, or neck, or causing multiple body bruises; punishable by up to 5 years and\/or fines up to $10,000.<\/li>\r\n<\/ul>\r\n

        Second Degree:<\/i><\/b><\/p>\r\n

          \r\n
        • Using a dangerous weapon<\/b>; punishable by up to 7 years imprisonment and\/or fines up to $14,000.<\/li>\r\n
        • Using a dangerous weapon and inflicting substantial bodily harm<\/b>; punishable by up to 10 years imprisonment and\/or fines up to $20,000.<\/li>\r\n<\/ul>\r\n

          First Degree:<\/i><\/b><\/p>\r\n

            \r\n
          • Inflicting great bodily harm<\/b>; punishable by up to 20 years imprisonment and\/or fines up to $30,000.<\/li>\r\n
          • Using deadly force against peace officer, prosecuting attorney, judge, or correctional employee<\/b> while the person is performing their duties; punishable by up to 20 years and\/or fines up to $30,000.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Enhanced Penalties<\/b><\/p>\r\n<\/td>\r\n

Fifth degree assault can be upgraded to gross misdemeanor or felony if the actor commits a second assault against the same victim.<\/p>\r\n

A conviction of assaulting a peace officer\/attorney\/judge\/ is punishable by being committed for not less than 10 years and not more than 20 years.<\/p>\r\n

A defendant is not eligible for probation, parole, discharge, work release, or supervised relation until they have served the full term of imprisonment.<\/p>\r\n

Assaults on certain types of employees will result in higher penalties. Some of the employees include, but are not limited to, the following:<\/p>\r\n