What is an Assault and Battery Charge in Minnesota?
A physical altercation or even a verbal threat can quickly escalate into criminal charges in Minnesota. If you’re facing accusations or trying to understand the law, you might be asking: What is an assault and battery charge in Minnesota?
In Minnesota, assault and battery are classified under assault laws, as the state does not recognize “battery” as a separate charge. Assault involves causing or attempting to cause bodily harm or fear of harm. Charges range from misdemeanor to felony depending on severity and intent.
With decades of criminal defense experience in Minnesota, I’ve helped countless clients fight assault-related charges and protect their rights. Below, I’ll break down the definitions, penalties, and what you need to know if you’re facing assault or battery charges in this state.
What is the definition of assault in Minnesota?
In Minnesota, “assault” generally refers to an act done with intent to cause fear of immediate bodily harm or death, or intentionally inflicting or attempting to inflict bodily harm upon another.
Is There a Difference Between Assault and Battery in Minnesota?
While the term “assault and battery” is commonly used, Minnesota law primarily focuses on the charge of assault. The concept of “battery” – the actual physical contact – is often encompassed within the definition of assault, particularly when bodily harm is inflicted. Therefore, in Minnesota, you’ll typically see charges referred to as various degrees of assault, which can include both the threat of harm and the actual infliction of harm.
Does Minnesota law distinguish between assault and battery?
While the term “assault and battery” is common, Minnesota law primarily uses the term “assault” to cover both the act of creating fear of harm and the actual infliction of harm.
The Five Degrees of Assault in Minnesota
Minnesota law categorizes assault into five degrees, with the severity of the penalties increasing with each degree. The specific charges and penalties depend on factors such as the intent of the accused, the extent of the injuries (if any), and whether a weapon was involved.
1. Fifth-Degree Assault (Minnesota Statutes § 609.224)
Fifth-degree assault is the least severe form of assault and typically involves:
- An act with intent to cause fear of immediate bodily harm or death; OR
- The intentional infliction of or attempt to inflict bodily harm upon another.
What is fifth-degree assault in Minnesota?
Fifth-degree assault in Minnesota involves acting with intent to cause fear of immediate bodily harm or intentionally inflicting or attempting to inflict bodily harm.
- Potential Penalties: A misdemeanor offense punishable by up to 90 days in jail and/or a fine of up to $1,000.
2. Fourth-Degree Assault (Minnesota Statutes § 609.2231)
Fourth-degree assault involves more specific circumstances, such as:
- Assaulting a peace officer, firefighter, emergency medical personnel, or other specified professionals while they are performing their duties.
- Committing an assault motivated by bias (e.g., based on race, religion, sexual orientation).
- Assaulting a vulnerable adult.
What is fourth-degree assault in Minnesota?
Fourth-degree assault in Minnesota often involves assaulting specific protected individuals like law enforcement or committing a bias-motivated assault.
- Potential Penalties: A gross misdemeanor offense punishable by up to one year in jail and/or a fine of up to $3,000. In some cases, it can be charged as a felony with more severe penalties.
3. Third-Degree Assault (Minnesota Statutes § 609.223)
Third-degree assault involves intentionally inflicting substantial bodily harm upon another. Substantial bodily harm means a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member.
What is third-degree assault in Minnesota?
Third-degree assault in Minnesota involves intentionally inflicting substantial bodily harm, such as a significant injury or impairment.
- Potential Penalties: A felony offense punishable by up to 5 years in prison and/or a fine of up to $10,000.
How Does Minnesota Define Substantial vs. Great Bodily Harm?
Minnesota defines substantial bodily harm as temporary but significant injury, while great bodily harm refers to permanent injury, disfigurement, or a high risk of death.
Understanding the difference between substantial bodily harm and great bodily harm is essential to grasping how assault charges escalate in Minnesota.
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Substantial Bodily Harm (Minn. Stat. § 609.02, Subd. 7a):
This includes injuries such as a broken bone, a concussion, or significant bruising that temporarily interferes with normal function. -
Great Bodily Harm (Minn. Stat. § 609.02, Subd. 8):
This applies to injuries that result in permanent disfigurement, long-term loss of function, or a high probability of death—such as gunshot wounds, severe burns, or major internal damage.
These distinctions directly affect whether a defendant is charged with third-degree, second-degree, or first-degree assault.
4. Second-Degree Assault (Minnesota Statutes § 609.222)
Second-degree assault involves more serious actions, such as:
- Assaulting another with a dangerous weapon.
- Assaulting another with intent to inflict great bodily harm.
Great bodily harm means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious injury.
What is second-degree assault in Minnesota?
Second-degree assault in Minnesota involves using a dangerous weapon or intending to inflict great bodily harm.
- Potential Penalties: A felony offense punishable by up to 10 years in prison and/or a fine of up to $20,000.
What Are the Penalties for Assaulting a Police Officer in Minnesota?
Assaulting a police officer in Minnesota is typically charged as fourth-degree assault, but it can be enhanced to a felony with up to 3 years in prison if bodily harm occurs.
Assaulting a peace officer—which includes police officers, sheriffs, and other law enforcement officials—is taken very seriously under Minn. Stat. § 609.2231.
A standard fourth-degree assault charge may be elevated to a felony if the assault results in demonstrable bodily harm to the officer or if the assault involves spitting, throwing bodily fluids, or resisting arrest.
Potential penalties include:
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Gross misdemeanor (no injury): Up to 1 year in jail and a $3,000 fine
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Felony (with bodily harm): Up to 3 years in prison and/or a $6,000 fine
Minnesota law provides enhanced protection to public officials, so charges involving law enforcement typically result in aggressive prosecution and higher sentencing risks.
5. First-Degree Assault (Minnesota Statutes § 609.221)
First-degree assault is the most severe form of assault and involves:
- Assaulting another with a dangerous weapon and inflicting great bodily harm.
- Assaulting another with intent to cause great bodily harm and causing great bodily harm.
What is first-degree assault in Minnesota?
First-degree assault in Minnesota involves using a dangerous weapon and causing great bodily harm, or intending to cause great bodily harm and doing so.
- Potential Penalties: A felony offense punishable by up to 20 years in prison and/or a fine of up to $30,000.
Can You Go to Jail for Assault in Minnesota?
Yes, you can go to jail or prison for assault in Minnesota. The possibility of incarceration and the length of the sentence depend on the degree of the assault charge. Even a fifth-degree assault conviction can result in jail time.
What Happens After an Assault Arrest in Minnesota?
After an assault arrest in Minnesota, the accused may be booked into jail, appear at a bail hearing, and attend an arraignment where charges are formally presented. The process continues with pre-trial motions, potential plea deals, or trial, depending on the case.
After being arrested for assault in Minnesota, a person is usually booked at the local jail. Depending on the severity of the charge, they may be held until a bail hearing, where a judge sets conditions for release. In misdemeanor cases, bail is often set promptly. For felony charges, the accused may remain in custody longer and face stricter pre-trial conditions.
The next step is the arraignment, where formal charges are read, and the defendant enters a plea. From there, the case proceeds through pre-trial hearings, which may involve discovery, plea negotiations, motions to suppress evidence, and eventually trial if no agreement is reached.
A timely legal defense is critical during this early phase to preserve rights and influence case outcomes.
Common Defenses to Assault Charges in Minnesota
If you’ve been charged with assault, several legal defenses may be available, depending on the specific circumstances of your case. Some common defenses include:
- Self-Defense
- Defense of Others
- Accidental Injury
- False Accusation
- Lack of Intent
What Are Some Common Defenses to Assault Charges in Minnesota?
Common defenses to assault charges in Minnesota include self-defense, defense of others, accidental injury, false accusation, and lack of intent.
Can an Assault Charge Be Expunged in Minnesota?
Yes, an assault charge may be expunged in Minnesota if eligibility requirements are met under Minn. Stat. § 609A.02. Factors include charge level, case outcome, and time since discharge of sentence.
Expungement gives eligible individuals a chance to seal their criminal records from public view. In Minnesota, the ability to expunge an assault charge depends on:
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The degree of the assault charge (misdemeanor vs. felony)
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The outcome of the case (e.g., acquittal, dismissal, stayed sentence)
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The time elapsed since discharge of sentence (typically 1–5 years)
Under Minn. Stat. § 609A.02, individuals may petition for expungement if they meet these criteria and demonstrate rehabilitation. Felony assault charges are harder to expunge but not impossible, especially for lower-level felonies and non-violent cases.
Consulting a criminal defense attorney can help determine your eligibility and guide you through the expungement process.
Facing an Assault Charge in Minnesota? Contact Gerald Miller, P.A. Today.
Being charged with assault in Minnesota is a serious matter with potentially life-altering consequences. It’s crucial to have experienced legal representation on your side to protect your rights and explore all possible defense strategies. At Gerald Miller, P.A., our dedicated criminal defense attorneys have a proven track record of successfully representing clients facing assault charges throughout Minnesota.
About Gerald Miller, P.A.: Your Experienced Minnesota Assault Defense Lawyers
Gerald Miller, P.A. has been a trusted name in criminal defense in Minneapolis for years. We are committed to providing aggressive and effective legal representation to individuals facing all types of assault charges. Our attorneys have a deep understanding of Minnesota’s assault laws and will work tirelessly to achieve the best possible outcome for your case.
Contact Us for a Free and Confidential Case Evaluation
If you or someone you know has been charged with assault in Minnesota, don’t hesitate to contact Gerald Miller, P.A. for a free and confidential case evaluation. Call us 24/7 at 612-341-9079 or fill out our confidential contact form here. Visit our website at www.geraldmillerlawyer.com for more information.
Disclaimer: This article provides general information about assault charges in Minnesota as of March 26, 2025, and should not be considered legal advice. Assault laws are complex and subject to change. For specific legal guidance regarding your situation, please consult with a qualified Minnesota criminal defense attorney.
