1st Degree Assault

• The assault created a high probability of death or caused serious permanent disfigurement or impairment; OR
• The assault was through the use or attempted use of deadly force on a peace officer or correctional employee.

Regardless of criminal history, a statutory minimum sentence of 74 months in prison is required if convicted. If the alleged assault is on a police officer or correctional employee, there is a 10-year minimum prison sentence. The maximum sentence for 1st-degree assault in Minnesota is 20 years in prison and a $30,000 fine.

2nd Degree Assault

Use of a dangerous weapon to injure or threaten another person. Dangerous weapons include firearms and knives. However, any tool or object designed as a weapon and capable of producing death or serious bodily harm also qualifies under the definition.

Under the Minnesota Sentencing Guidelines, the punishment for a second-degree assault is presumptive prison.

3rd Degree Assault

• The assault caused a fracture, or temporary and substantial disfigurement or impairment;
• The assault was on a minor and the accused has a pattern of past child abuse against that minor; or
• The assault caused multiple bruising, or bodily harm to the head, eyes, or neck of a child under four.
• If charged with third-degree assault, you may be facing up to 5 years in prison and a $10,000 fine.

4th Degree Assault

Assault of law enforcement, correctional officers, or EMTs and firefighters: An assault on these professions can be a felony-level offense if the assault causes bodily harm or involves the intentional throwing or transferring of bodily fluids. This can carry 3 years in prison and a $6,000 fine.

Bias-motivated assaults: Any bias-motivated assaults occurring within 5 years of a previous bias-motivated assault can result in felony assault charges. A bias-motivated assault is an accusation of assaulting someone because of the person’s race, religion, sex, sexual orientation, age, or disability. The assault does not need to cause bodily harm. If convicted of a felony bias-motivated assault can carry up to 366 days in prison and a $3,000 fine.

5th Degree Assault

The possible punishment of a 5th-degree assault can vary depending on the specific allegations. The potential punishment ranges from a maximum of 90 days in jail for misdemeanor assault charges, to five years in prison for felony fifth-degree assault charges.