Degrees Of Assault
Anyone who is facing an assault arrest will need to be familiar with the varying degrees of assault. An assault is an act done with intent to cause another injury or imminent fear of injury. The state of Minnesota categorizes assault into a number of categories, or degrees. All assault charges are considered serious crimes and most are considered felony offenses.
It is important to remember that, regardless of the degree of assault you are facing, an experienced Minneapolis assault lawyer will assess your situation, determine your options for defense and ensure that your legal rights are protected before, during and after the court process.
Under the state of Minnesota there are six different classifications that constitute an assault offense. These include:
First Degree Assault – when great bodily harm is inflicted or if the assault with deadly force is committed against a peace officer. First degree assault comes with a sentence of imprisonment for not more than 20 years and payment of a fine of not more than $30,000.
Second Degree Assault – if a dangerous weapon is used as part of the offense. A person accused of a second degree assault may face up to 7 years in prison and a fine of not more than $14,000.
Third Degree Assault – when a person assaults another and inflicts substantial bodily harm or assaults a minor. This offense carries with it a penalty of imprisonment for not more than five years and payment of a fine of not more than $10,000.
Forth Degree Assault – when a person assaults a police officer, fire fighter, emergency medical personnel, etc when the officer is affecting a lawful arrest or executing any other duty imposed by law. A fourth degree assault is a gross misdemeanor with possible penalties of one year in jail and a fine of not more than $3,000. If the assault inflicts demonstrable bodily harm, the person is guilty of a felony and may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $6,000, or both.
Fifth Degree Assault – when a person commits an act with intent to cause fear in another of immediate bodily harm or death; or intentionally inflicts or attempts to inflict bodily harm upon another. This is a standard assault charge and is punishable by up to 90 days in jail and/or a $1000 fine. A fifth degree assault may be charged if a person.
Domestic Assault – any assault charge that has been filed by a family member, persons related by blood, persons who have (or are expecting) a child together or persons living (or have lived) together. This includes spouses, ex spouses, ex-lovers, children, parents, brothers, sisters, roommates, cousins, etc.
Knowingly Transmitted Disease – it is also considered assault to knowingly transmit a communicable disease. A “Communicable disease” means a disease or condition that causes serious illness, serious disability, or death such as AIDS.
It is important to remember that all sentences are not set in stone. You could be looking at even more severe punishments if you are facing more than one degree of assault or if you have a past criminal record or history of assault.
Contact Top-Rated Minneapolis Assault Lawyer, Barry Hogen Today!
Minneapolis criminal lawyer, Barry Hogen has years of experience in all assault cases and can provide you with the legal services you need during this difficult time. For affordable payment options, aggressive representation and confidential legal advice when you need it most, contact Minnesota criminal lawyer, Barry Hogen today at (763) 513-9085.