In many states, assault and battery are separated as two independent crimes. Generally, committing battery means that an individual intentionally causes bodily harm, threatens a victim, or violently makes contact with the victim in any way. It is a crime that physically and offensively hurts a victim without their consent.
Under Minnesota law, a battery charge is tied in with the assault category and means the same thing as described above but is labeled as an assault charge. In Minnesota, assault is defined as the attempt to cause, threaten to cause, or actually cause bodily harm or the fear of bodily harm to another person. If you have been arrested for assault, you need a skilled Mankato criminal defense attorney to guide you throughout the complex legal system and build a solid defense case.
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To be charged with an assault crime in Minnesota, physical injury does not have to be shown for you to be found guilty. The intention to cause harm is enough to be classified as a charge brought against you. There are different types and severities of assault charges, ranging from misdemeanors to felonies.
A first-degree assault charge is a felony as a result of the severe bodily harm caused to the victim. To be found guilty of first-degree assault, the defendant must assault someone and inflict great bodily harm as a result of the assault. If you are convicted of a great bodily harm first-degree assault charge, you could be sentenced to serve up to 20 years in prison and pay a fine up to $30,000.
A defendant may be charged with second-degree assault if a weapon was used during the attack of the victim. For example, the deadly weapon could be a bat, golf club, or gun. The sentencing for a second-degree assault varies depending on the severity of the injuries the victim sustained. If you caused significant bodily harm to the victim, you may be sentenced up to 10 years in prison. If you did not cause significant bodily harm, it could be reduced to seven years in prison and up to $14,000 in fines.
Third-degree assault is still a felony but is less severe than the charges described above. If convicted of third-degree assault, you may be sentenced up to five years in prison and may owe $10,000 in fines.
The defendant is convicted of third-degree assault if any of the following events take place during the assault:
These types of assault cases are treated with more severity because the assault involves either a minor or repeated history of abuse.
This type of charge is generally classified as a gross misdemeanor. This means it is less serious than a felony but more severe than a misdemeanor. A gross misdemeanor charge is usually tied to assaulting those who are police officers, medical personnel, or other public servants. It is also charged for discriminatory crimes if you assault someone because of their religion, race, sexual orientation, or disability. If convicted of a gross misdemeanor, fourth-degree assault, the jail time is up to one year and up to $3,000 in fines.
A fifth-degree assault charge is the least severe assault charge and is classified as a misdemeanor. You may be charged with this degree of assault if you intended to cause fear of bodily harm in another person or if you do inflict bodily harm on another person. If convicted of fifth-degree assault, you may have to serve up to 90 days in jail and pay fines set by the judge.
If you have been arrested for assault, it is essential that you contact an experienced assault lawyer who is knowledgeable in Minnesota laws and can guide you through the legal system. This type of conviction can follow you for life and have lasting negative consequences. Additionally, an assault conviction can lead to:
With an attorney on your side, it is possible to reduce charges or receive less severe penalties. Consult a Mankato lawyer about your unique case to build a solid defense strategy and avoid maximum penalties.
When you have been charged or arrested for a serious crime such as assault, it is important that you contact the experienced team of lawyers at Knutson + Casey to help you through the complexities of your case. Our approach is utilizing our resources as a big firm with the dedicated focus of one attorney to guide you throughout your case every step of the way.
For a thorough assessment of your case and a skilled approach to building a solid defense, call (507) 344-8888 or fill out our online contact form for a free consultation of your case.