6 Types of Assault and Penalties in Minnesota

If you are accused of assault, there are tons of thoughts going through your mind. How long will you be in jail for this if convicted? What will the fine look like? When do I need to get a lawyer? In the state of Minnesota, there are many degrees and types of assault. Thus, there are different consequences that go with them. So, what is the difference between them?

The five degrees of assault:

Minnesota has five degrees of assault. They determine the proper penalty for each case. First-degree assault has the highest penalty and fifth-degree has the lowest penalty.

• First-degree assault – A person accused of first-degree assault must cause ‘great bodily harm’ to another person. The type of assault is for those on the verge of death from the attack. It is also assigned when permanent disfigurement occurs because of the attack. The penalty for first degree is the most severe. If convicted the penalty is up to twenty years in prison and you will owe up to $30,000 in fines. You will also have a felony on your record.
• Second-degree assault – A defendant may be charged if a potentially deadly weapon is used in the event. This could be a gun, bat, or even golf club. The important point the prosecution will use is that the item in question was used as a deadly weapon. If convicted, the penalty for second degree assault varies. If you did cause ‘substantial bodily harm’ to the victim your sentence is up to ten years in prison. If you did not cause serious harm you would be sentenced to up to seven years in prison and $14,000 in fines.
• Third-degree assault – This type of assault is still a felony like first and second-degree assault. However, it has some stipulations tied to it. It is less severe even with the felony conviction attached to it. Third degree assault is applied if any three of the following events take place:

1. If convicted of assaulting someone who is four years old or younger.
2. Assaulting a minor who has a prior history of abuse in their life.
3. Like first and second assault, if you cause considerable bodily harm.

If found guilty of third degree assault you may be sentenced to five years in prison and owe up to $10,000 in fines.

• Fourth-degree assault – Fourth and fifth-degree assault are the only ones that aren’t automatic felonies if convicted. You would be charged with a gross misdemeanor if found guilty of fourth degree assault. This is not as serious as a felony, but it is worse than a misdemeanor. The courts look at gross misdemeanors as minor crimes. An attorney may accuse you of fourth degree assault if you engage in an altercation with a police officer, probation officer, medical personnel or other public servants. This type of assault is also reserved for discriminatory crimes. If found guilty of assaulting someone due to their race, religion, sexual orientation, or disability you may be looking at a fourth-degree assault charge. The penalty for a guilty verdict is up to one year in jail and potentially $3,000 in fines. The prosecuting attorney can push for a felony charge if the circumstances warrant it.
• Fifth-degree assault– This is the least severe of the assaults and does not merit a felony charge. The highest charge for this is a misdemeanor. However, you can be charged with fifth degree assault for simply attempting to assault someone. You don’t have to be successful to be charged. The penalty if convicted is not as severe either. You would have to spend up to ninety days in jail and pay the fines the judge assigns.

Sexual assault:

Like assault itself, sexual assault has five degrees of the severity too. The fines and jail time vary depending on severity of the crime and the age of the victim. It is also referred to as criminal sexual conduct.

• First-degree sexual assault – This covers a variety of sexual acts. If the victim is under thirteen and threatened with any weapon or coerced to perform sexual acts this would fall under first degree sexual assault. First degree assault includes any kind of sexual contact or penetration with the victim. If the victim sustains any injuries from the sexual assault that would merit a first-degree charge. The maximum penalty is thirty years in prison and a $40,000 fine.

First-degree assault covers taking advantage of a physically helpless, mentally incapacitated or mentally impaired person too. Even if they did not express non-consent during the act.

Mental incapacity – if a person is under the influence of drugs or alcohol. A mentally incapacitated person lacks sound judgment while they are under the influence.

Mentally impaired – any person who has an intellectual or psychiatric mental disorder. If the impairment is severe enough they lack the judgment to make an informed decision.

Physically helpless – a person who is unable to communication non-consent. They may be asleep or have an impairment that does not allow them to express their desires.

• Second-degree sexual assault – A second degree assault charge has many of the same components as a first-degree assault charge. The main difference is it does not include penetration. The penalty if found guilty is only slightly less than first-degree. The maximum penalty would be twenty-five years in prison and a $35,000 fine.
• Third-degree sexual assault – Age plays a larger role in third degree sexual assault. Penetration must have also occurred too. A third-degree charge holds up if the sufferer is between thirteen and sixteen years old. The perpetrator must be more than two years older than the victim to be charged. If the sufferer is under thirteen conviction brings a maximum penalty of fifteen years in prison and a $30,000 fine. The fine is reduced if the victim is over thirteen and under sixteen years old. It would bring either a maximum fine of $30,000 or a five-year prison term.
• Fourth-degree sexual assault – This is like third-degree assault. The main difference is that it does not cover penetration only sexual contact. The penalty is also less severe. If convicted, the guilty party would receive a maximum of ten years in prison or must pay a $20,000 fine.
• Fifth-degree sexual assault – This covers unwanted sexual contact with any person regardless of age. It also includes exposing or pleasuring oneself in front of a minor. First offenders would receive up to one year in prison or a $3,000 fine. A repeat offender may be sentenced to up to seven years in prison or a $14,000 fine.

Whether you are charged with bodily or sexual assault it is a serious offense. You need a lawyer on your side who can explain your options to you and fight for you. If you are charged with any degree of assault in Minnesota let attorney Kevin DeVore help. He understands how the law works and will fight for your rights. Contact us today.