Assault Charges in Minnesota: What the Law Actually Requires
By Sullivan Rice
An argument, confrontation, or physical altercation can escalate quickly. Sometimes police are called before everyone involved has had an opportunity to explain what happened.
In Minnesota, an assault allegation can range from a misdemeanor to a serious felony depending on the circumstances.
What Is Fifth-Degree Assault?
Minnesota's fifth-degree assault statute covers two basic types of conduct.
A person can be accused of assault for committing an act with the intent to cause another person to fear immediate bodily harm or death. The statute also covers intentionally inflicting or attempting to inflict bodily harm on another person.
A basic fifth-degree assault charge is a misdemeanor. However, certain prior offenses involving the same victim or qualifying domestic-violence-related convictions can increase the seriousness of the charge.
Not Every Altercation Tells the Whole Story
One of the biggest problems with assault cases is that police may arrive after the confrontation has already happened.
That can leave important questions unanswered:
Who started the confrontation?
Did anyone act in self-defense?
Were witnesses present?
Did witnesses actually see the entire incident?
Was there an injury?
Was the injury caused intentionally?
Are there conflicting accounts?
Are video recordings available?
Were statements made while someone was angry, frightened, or intoxicated?
The surrounding circumstances can matter significantly.
Felony Assault Charges
More serious allegations can result in felony charges.
For example, Minnesota's third-degree assault statute addresses situations involving substantial bodily harm. A conviction can carry a potential sentence of up to five years in prison and a fine of up to $10,000.
Other assault statutes address allegations involving dangerous weapons, substantial or great bodily harm, children, and other circumstances.
Self-Defense Can Be Important
When someone is accused of assault, the question is not always simply whether physical contact occurred.
The circumstances surrounding the contact matter.
If a person reasonably believed they were facing an immediate threat, questions surrounding self-defense may become important to the case. Determining whether self-defense applies requires looking closely at what happened before, during, and after the confrontation.
What Should You Do After an Assault Arrest?
Do not assume that giving police a lengthy explanation will automatically solve the problem.
An assault investigation can involve witness statements, photographs, medical records, surveillance footage, text messages, social media posts, 911 calls, and other evidence.
An attorney can evaluate that evidence and determine whether the state's version of events accurately reflects what happened.
If you have been charged with assault in Minnesota, Jack Rice Defense can help you understand the accusation, the potential consequences, and the defenses that may apply to your case.
