Mn 5th Degree Assault - The law of assaults in Minnesota is very complex, and contains many provisions that can increase the degree of seriousness of a given crime based on external factors whether it happens in a specific case or found. It is important to recognize that charges can be serious, and you should consult with an attorney about your case before making a decision.
There are five degrees of assault in Minnesota. This article will only address the base-level offense or aggravated felony: assault in the fifth degree.
Mn 5th Degree Assault
These crimes are governed by section 609.224 of the Minnesota Statutes. The following is current as of the date of this writing, February 9, 2017.
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(1) commits an act with the intent to cause another person to fear harm or death; or
(a) Any person who violates the provisions of section 1 against the same victim within ten years of a prior qualifying domestic violence-related felony conviction or misdemeanor conviction is guilty of a violent felony and may be imprisoned for not more than one year or for paying a fine not exceeding $3,000, or both.
(b) Any person who violates the provisions of section 1 within three years of a prior qualifying conviction of a domestic violence-related felony or misdemeanor is guilty of a felony and is liable to imprisonment for not more than one year or to a fine of not more than $3,000, or both.
, paragraph (c), a person is not entitled to possess a handgun if the person has been convicted after August 1, 1992, of assault in the fifth degree if the offense was committed within three years of the previous conviction in section
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. Property rights may not be reduced, but access may be restricted by court. A person in possession of a pistol in violation of this section is guilty of a gross misdemeanor.
(a) Anyone who violates the provisions of section 1 against the same victim within ten years of a combination of two or more domestic violence-related felony convictions or more qualifying prior or felony convictions is guilty of a felony and may be sentenced to imprisonment . not more than five years or pay a fine not more than $10,000, or both.
(b) Any person who violates the provisions of section 1 within the first three years of a combination of two or more prior convictions of a qualifying domestic violence-related felony or misdemeanor conviction is guilty of a felony and may be imprisoned for not more than five years or pay a fine not exceeding $10,000, or both.
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Although there is a lot of text in this statute, what the charge requires is a threat of harm or death or an intentional act or attempted act that causes bodily harm to another person.
Bodily injury, in turn, is defined as "physical pain or injury, disease, or disturbance of physical condition." Min. Stat. 609.02(7). Courts have interpreted this definition to capture bodily harm. For example, in State v. Jarvis, 665 N.W.2d 518 (2003), the Minnesota Supreme Court held that "any physical impairment" means "any injury affecting or affecting the physical condition of an individual." This means that pushing someone to take a drug they don't want to take can be considered assault. Moreover, because physical pain, "which all statutes require," is subjective, it is almost always a jury question whether the plaintiff or the victim felt it. State v. Johnson, 277 Minn. 230 (1967).
Different circumstances may add to the underlying offense for different categories of crime. Fifth-degree assault can be a misdemeanor or, in some extreme cases, a felony, if the perpetrator has one or more prior domestic violence convictions against the same person within 10 years, or within 3 years of the current date. violate
A conviction in other circumstances can disqualify the offender from possessing a firearm, and there is a separate offense listed in the statute for those who have such firearms in violation of the statute.
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With all that being said, assault charges can arise from domestic disputes, bar fights and other circumstances. If youor a loved one is accused of any type of assault in Becker, Beltrami, Cass, Clay, Clearwater, Crow Wing, Hubbard, Itasca, Otter Tail or Wadena Counties, it is important that you protect your rights and interests by to seek the advice of an experienced criminal defense attorney.. Assault is a large and common charge in Minnesota. There are several types of assault including Fifth Degree Assault, Fourth Degree Assault, Third Degree Assault, Second Degree Assault, First Degree Assault, Domestic Assault, and Aggravated Assault.
Regardless of the level of attack a person takes, the consequences can be life-changing. Knowing the difference between crimes of assault is critical. Reading about the various Minnesota assault laws can be difficult and frustrating, especially when there are exceptions and nuances to the rules.
Minnesota generally divides assault crimes into two categories: Assault and Domestic Assault. Assault is any act that is "intended to cause fear of injury or death," or that "intentionally causes bodily harm to another." Domestic assault is the same type of act as "ordinary" assault, but usually involves family members. Read more about Minnesota domestic assault laws.
Fifth-degree assault (also called misdemeanor assault) and domestic assault are the two most common charges in Minnesota. Typical cases of assault include two people fighting each other (such as a bar fight) or one person hitting another person - usually a punch or slap. Many cases of this attack are direct: one person hits another person on purpose without causing serious harm. Common cases of domestic assault involve couples or other people arguing and one attacking the other out of frustration or anger. Assault crimes become domestic assault charges based on the nature of the relationship. If an assault involves serious injury or a weapon, charges can be increased to include more severe penalties such as prison instead of local jail, longer probation, and higher fines. This assault is usually a felony-level crime that carries a potential penalty of at least 1 year in prison.
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Attorney Christopher Keyser focused his case on defending the charge of assault. He has a proven track record of successfully defending and winning assault cases throughout Minnesota. To learn more about our representation or to obtain a free seizure evaluation, call our office at (612) 338-5007. Learn more about Minnesota Assault Crimes through the InfoGraphic below.
With offices in Minneapolis and Stillwater, Minnesota, Keyser Law, P.A. handling cases throughout the Minneapolis-St. Paul metropolitan area includes:
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Minnesota Assault Charges And Consequences
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