Assault

In Minnesota, assault is categorized into different degrees based on the severity of harm, intent, and circumstances. Here’s an overview:

Degrees of Assault in Minnesota:

1. First-Degree Assault (Minn. Stat. § 609.221)
   • Causes great bodily harm to another person.
   • Uses deadly force against a police officer or correctional employee.
   • Felony with up to 20 years in prison and/or a $30,000 fine.
2. Second-Degree Assault (Minn. Stat. § 609.222)
   • Assault with a dangerous weapon (e.g., firearm, knife).
   • If substantial bodily harm occurs, penalties increase.
   • Felony with up to 7-10 years in prison and/or $14,000-$20,000 fine.
3. Third-Degree Assault (Minn. Stat. § 609.223)
   • Causes substantial bodily harm (not as severe as great bodily harm).
   • Assaulting a minor in a pattern of past abuse or assaulting a victim under 4 years old.
   • Felony with up to 5 years in prison and/or a $10,000 fine.
4. Fourth-Degree Assault (Minn. Stat. § 609.2231)
   • Assaults against certain protected employees (e.g., police, firefighters, EMTs, school officials).
   • Can be a gross misdemeanor or felony depending on the severity and victim type.
   • Penalties range from 1 year to 3 years in prison and fines up to $6,000-$10,000.
5. Fifth-Degree Assault (Minn. Stat. § 609.224)
   • Simple assault (causing fear of harm or minor physical harm).
   • Misdemeanor (90 days in jail and/or a $1,000 fine).
   • Can be elevated to a gross misdemeanor or felony if it’s a repeat offense.

Other Related Charges:

• Domestic Assault (Minn. Stat. § 609.2242) – Assault against a family or household member, with enhanced penalties for repeat offenses.
• Assault by Strangulation (Minn. Stat. § 609.2247) – Felony offense for intentionally impeding another’s breathing.
• Aggravated Assault – Involves additional factors like bias, gang activity, or vulnerable victims.

Defenses to Assault:

In Minnesota, defenses to assault depend on the circumstances of the case, such as whether the defendant acted in self-defense, lacked intent, or was falsely accused. Below are the most common legal defenses to assault charges:

1. Self-Defense

• The defendant must prove:
  • They reasonably believed they were in imminent danger.
  • The force used was necessary and proportional to the threat.
  • They were not the aggressor.
• Example: Someone punches you, and you punch back to protect yourself.

2. Defense of Others

• Similar to self-defense, but the defendant was protecting another person from harm.
• The force used must be reasonable and proportionate to the threat.
• Example: A person steps in to stop an assault on a friend.

3. Defense of Property

• Minnesota allows reasonable force to protect personal property (Minn. Stat. § 609.06).
• Deadly force is not allowed solely to protect property.
• Example: Pushing someone away who is trying to steal from you.

4. Consent (Mutual Combat)

• If both parties voluntarily agreed to fight, consent may be a defense (e.g., sports fights).
• However, serious injury or excessive force can still lead to charges.
• Example: Two people agree to a fistfight, but one later claims assault.

5. Lack of Intent (Accident)

• Assault requires intentional harm or threat.
• If the injury was accidental, it may not be considered assault.
• Example: A person swings their arm while gesturing and unintentionally hits someone.

6. False Accusation / Mistaken Identity

• If there is no solid evidence, the defendant can argue they were falsely accused.
• Lack of witnesses, video evidence, or an alibi can support this defense.
• Example: Someone else committed the assault, but the wrong person is blamed.

7. Stand Your Ground / No Duty to Retreat

• Minnesota has a limited Stand Your Ground law.
• You can defend yourself in your home (Castle Doctrine) without retreating.
• Example: A home intruder attacks you, and you fight back.

8. Intoxication (Limited Use)

• Voluntary intoxication is usually not a defense.
• However, if intoxication prevented the defendant from forming intent, it might reduce the charge.
• Example: A drunk person swings at someone without realizing it.