Fourth Degree Assault Charges in Minnesota
The crime of 4th Degree Assault in Minnesota applies to a special group people the Minnesota State Legislature has decided are more in need of special protection. As a result, the charges people face for assault against this class of people is far more serious.. This list includes people assaulted while carrying out their public duties including police officers, firefighters, EMTs, healthcare workers, teachers, some other public employees, those targeted based because of bias and more.
The crime of 4th Degree Assault can be charged as a gross misdemeanor or a felony level offense that can result in jail or prison if convicted. If you are facing 4th degree assault charges, whether gross misdemeanor or felony, contact an experienced Minnesota 4th degree assault criminal defense attorney immediately.
Gross Misdemeanor 4th Degree Assault Charges in Minnesota?
While a physical assault against any person generally starts as a misdemeanor, that same assault against a special class of people could result in the more serious charge of gross misdemeanor. Examples include:
Assault of Peace Officers:
An assault on a peace officer when:
the officer is carrying out their law enforcement duties; and
the assault does not requirebodily harm.
If convicted, a Defendant could face a gross misdemeanor conviction, up to a year into jail and up to a $3,000 fine.
Assault of School Officials:
An assault on school officials including includes administrators, teachers, other employees of both public and private schools when:
carrying out their public duties; and
the assault results requires bodily harm.
If convicted, a Defendant could face a gross misdemeanor conviction, up to a year into jail and up to a $3,000 fine.
Assault Motivated by Bias
An assault on a person motivated by bias of:
another's actual or perceived race, color, religion, sex, sexual orientation, disability;
the assault does not require bodily harm;
If convicted, a Defendant could face a gross misdemeanor conviction, up to 1 year in jail and up to a $3,000 fine.
Felony Fourth Degree Assault Charges in Minnesota
Similar to gross misdemeanors, whoever commits any of the acts against a special class of individuals can face Felony Fourth Degree Assault charges. The list of those protected includes:
Assault of Peace Officers:
An assault on a peace officer when:
the officer is carrying out their law enforcement duties; and
the assault results in bodily harm to the officer; or
bodily fluids or feces is intentionally thrown at the officer.
If convicted, a Defendant could face a felony conviction, up to 3 years in prison and up to a $6,000 fine.
Assault of Firefighters, Medical Providers, Physicians, Nurses or other Health Care Providers:
An assault on firefighters and other medical personnel when:
the protected person is carrying out their duties in an emergency room; and
the assault results in bodily harm to the person.
If convicted, a Defendant could face a felony conviction, up to 2 years in prison and up to a $4,000 fine.
Assaults of Probation Officers or Correctional Facility Personnel:
An assault on Probation Officers or Correctional Facility Personnel when:
the protected person is carrying out their official duties; and
the assault results in bodily harm to the probation officer or correctional facility personnel; or
bodily fluids or feces is intentionally thrown at the probation officer or correctional facility personnel.
If convicted, a Defendant could face a felony conviction, up to 3 years in prison and up to a $6,000 fine.
Assault of Secure treatment facility personnel, Detox personnel
An assault on secure treatment facility personnel, Detox personnel, when:
the protected person is carrying out their official duties; and
the assault results in bodily harm to the individual; or
bodily fluids or feces is intentionally thrown at the individual.
If convicted, a Defendant could face a felony conviction, up to 2 years in prison and up to a $4,000 fine.
Assault Motivated by Bias
An assault on a person motivated by bias of:
another's actual or perceived race, color, religion, sex, sexual orientation, disability;
two or more assaults within a 5 year period of time;
the assault does not need to show bodily harm;
If convicted, a Defendant could face a felony conviction, up to 1 year and a day in prison and up to a $3,000 fine.
Both gross misdemeanor and felony 4th degree assault charges in Minnesota are serious. They could result in substantial amounts of time in jail or prison. As a result, it is critical to have an experienced Minnesota based criminal defense attorney by your side.
St. Paul based 4th degree assault criminal defense attorney Jack Rice has been fighting 4th degree assault charges in Minnesota for decades and has an award winning track record. Don’t just put your representation into anybody’s hands. Go with the best. Jack Rice is a Board Certified Criminal Law Specialist. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.