Minnesota law distinguishes between assault and battery in
civil lawsuits. However, under its criminal code, battery is
included under the heading of assault. An assault is an act done
with intent to cause another injury or imminent fear of injury.
The act may be direct (hitting someone with a fist) or indirect
(putting something in their drink).
Minnesota criminal assault comes in various degrees depending
on whether injury was inflicted and the severity of the injury.
First Degree Assault
First degree criminal assault is charged when great bodily
harm is inflicted or if the assault with deadly force is
committed against a peace officer.
The sentence for a first degree offense is imprisonment for
not more than 20 years and payment of a fine of not more than
$30,000.
Second Degree Assault
Second degree assault is charged if a dangerous weapon is
used as part of the offense. A person accused of a second
degree assault may face up to 7 years in prison and a fine of
not more than $14,000.
If a persons uses a dangerous weapon AND inflicts substantial
bodily harm the potential penalties are increased to not more
than ten years and to payment of a fine of not more than
$20,000.
Third Degree Assault
Third degree assault is charged when a person assaults
another and inflicts substantial bodily harm or assaults a
minor. This offense carries with it a penalty of imprisonment
for not more than five years and payment of a fine of not more
than $10,000.
Moreover, it is also a felony for anyone to assault a child
under the age of four years old. The sentence for such an
offense is imprisonment for not more than five years and payment
of a fine of not more than $10,000.
Fourth Degree Assault
Assaulting a police officer may also result in an assault
charge if that officer is effecting a lawful arrest or executing
any other duty imposed by law. A fourth degree assault is a
gross misdemeanor with possible penalties of one year in jail
and a fine of not more than $3,000. If the assault inflicts
demonstrable bodily harm, the person is guilty of a felony and
may be sentenced to imprisonment for not more than three years
or to payment of a fine of not more than $6,000, or both.
It is also a crime to assault fire fighters and emergency
medical personnel in the commission of their duties. If
convicted, a defendant may face felony charges and up to two
years in prison and a fine of not more than $4,000.
An assault motivated by bias based on the victim's or
another's actual or perceived race, color, religion, sex, sexual
orientation, disability, age, or national origin may also be
charged with a fourth degree assault and may be sentenced to
imprisonment for not more than one year and to payment of a fine
of not more than $3,000.
Fifth Degree Assault
A fifth degree assault is a misdemeanor if it is a first
offense punishable by up to a 90 days in jail and/or a $1000
fine. A fifth degree assault may be charged if a person
- commits an act with intent to cause fear in another of
immediate bodily harm or death; or
- intentionally inflicts or attempts to inflict bodily
harm upon another.
A second offense on the same victim within five years
following discharge from the sentence on the first offense may
be charged with a gross misdemeanor and may be sentenced to
imprisonment for not more than one year and to payment of a fine
of not more than $3,000.
If convicted of a second fifth degree assault after August 1,
1992, that person may no longer own or possess a pistol. Any
person who possesses a pistol in violation of this paragraph is
guilty of a gross misdemeanor.
Assault - Knowingly Transmitting Disease
It is also a crime to knowing transmit a communicable
disease. A "Communicable disease" means a disease or condition
that causes serious illness, serious disability, or death; the
infectious agent of which may pass or be carried from the body
of one person to the body of another through direct
transmission.
It is an affirmative defense to prosecution, if it is proven
by a preponderance of the evidence, that:
- the person who knowingly harbors an infectious agent for
a communicable disease took practical means to prevent
transmission as advised by a physician or other health
professional; or
- the person who knowingly harbors an infectious agent for
a communicable disease is a health care provider who was
following professionally accepted infection control
procedures.
Defenses
Self Defense
Self-defense claims are made when a defendant agrees that act
of assault occurred occurred, but claims that it was justified
by the other person's threatening actions. A jury must decide
that the person accused of the crime acted reasonably. The
questions which must be asked include:
- Who was the aggressor?
- Was the defendant's belief that self-defense was
necessary a reasonable one?
- Did the defendant use only the force necessary to combat
the aggressor?
Defense of Others
Defense of Others claims are similar to self defense claims.
When making such a claim, a defendant agrees that act occurred,
but claims that it was justified by the other person's
threatening actions to a third person. Again, to succeed, a
jury must determine that the defendant acted reasonably under
the circumstances.
Alibis
An alibi defense is simply the argument that the defendant could
not have committed the crime because that defendant was
somewhere else.
Credibility
One of the best and most common defenses is to challenge the
credibility of witnesses including the police. A good attorney
will examine all aspects of a witnesses statements, the
inconsistencies and the omissions. Witness testimony may be
undermined by prior inconsistent statements or rebuttal
witnesses that tell a different story.
What can I do?
In any criminal case it is very important to preserve
evidence before it gets cold. That means you should hire an
experienced and aggressive attorney for your representation as
soon as possible. If you do not, your rights could be impaired.
An investigation must be performed which would involve
photographing the scene, examining critical evidence and
interviewing potential witnesses while their memory is fresh. (A
defendant cannot perform these functions by themselves since
they may be viewed as tampering with a witness).
Fighting a criminal case can be very complicated. Did you
know that many cases are dismissed on technicalities? An
attorney must have knowledge of the court system and know the
different personalities of Judges and Prosecutors.
Our expertise includes successful representation in Federal,
State and Juvenile courts on issues related to embezzlement,
child molestation, fraud, rape, theft, murder, drugs, domestic
violence, vehicular manslaughter, sex crimes, weapons and many
others. Because we take our responsibility very seriously, we
are available to you 24 hours a day, 7 days a week, 365 days a
year. We have rightfully earned the respect of judges,
prosecutors and police officers as aggressive attorneys who are
not afraid to challenge them on tough cases. As a matter of
fact, in large part because of our well-deserved reputation,
many other attorneys refer their criminal cases to our office.
For a consultation call (612) 240-8005.
