4th Degree Assault
What Counts as 4th Degree Assault in Minnesota?
4th degree assault is when the assault is committed against a certain class of individuals, including, but not limited to the following: police officers, firefighters, emergency medical personnel, correctional employees, prosecuting attorneys, judges, probation officers, secure treatment facility employees, a school official while engaged in the official’s duties and where demonstrable bodily harm is inflicted, vulnerable adults, reserve officers, transit operators, and certain utility and postal service employees and contractors. 4th degree assault also occurs if the act was motivated by bias, such as race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, disability, or association with another person or group with one of those actual or perceived characteristics. Most of the time, this is a gross misdemeanor offense, which carries a maximum penalty of 364 days in jail and/or a fine of $3,000. But certain fourth-degree assault offenses may be felonies, including if there is demonstrable bodily harm to the alleged victim in particular cases.
Under Minn. Stat. § 609.2231, the level of the charge depends heavily on who the alleged victim is, what the person was doing at the time, and whether the alleged assault caused demonstrable bodily harm. For example, physically assaulting a peace officer is a gross misdemeanor, but physically assaulting a peace officer and inflicting demonstrable bodily harm is a felony with a maximum sentence of three years in prison and/or a $6,000 fine. Similar felony exposure can apply to assaults involving firefighters, emergency medical personnel, and certain emergency department health care providers when demonstrable bodily harm is inflicted.
What Defenses Are Available to a 4th Degree Assault Charge?
There are a number of defense possibilities available, all of which are dependent upon the circumstances of the case. This is why it is critical to hire a Minnesota assault attorney that will develop a personalized legal strategy, tailored to your case.
One of the more common defenses is self-defense, where the alleged victim was the initial aggressor and you only used enough reasonable force to stop the aggressor. One significant benefit of the self-defense claim is that the State carries the burden of proving you were not acting in self-defense.
Other common defenses include, but are not limited to, defense of others (similar to self-defense, but you are protecting a family member or close friend), defense of property, consent, necessity, intoxication, and alibi.
Beyond raising these common defenses, any good Minnesota assault attorney will investigate the allegations, hire an investigator if necessary, and figure out just how compliant the complaining victim is to the State. If witnesses are unavailable, the State’s case becomes exponentially weaker.
It is critical that you contact us now to get us started on your defense right away. Any assault conviction can lead to devastating consequences. You need a Minnesota assault attorney who is Not Always Minnesota Nice fighting for you, contact us now.
What Case Results Has North Star Criminal Defense Achieved in 4th Degree Assault Cases?
To see just how successful our approach is, here are some representative case results:
State v. S.M.
Charges: Felony 4th Degree Assault of an Officer and Gross Misdemeanor Obstruction of Legal Process
Resolution: Stay of adjudication to the assault charge. Offenses involving harming an officer and disobeying their commands are often difficult to resolve in a favorable manner. Almost always, the prosecutor will want a permanent conviction. Yet, Mr. Gempeler was able to get a stay of adjudication, which means the client will not have a conviction following her successful completion of probation. Another terrific result — and this was in a county in which Mr. Gempeler had not yet practiced, proving that our approach works across the State.
State v. K.W.
Charges: 4th Degree Assault
Resolution: Case was dismissed on motion of Defense. Early Discovery demand and artful arguments on absence-of-evidence turns into justice for our client. Client was facing up to a year in jail and/or a $3,000 fine. Cases like this show just how having an attorney represent you can make a world of difference.
State v. A.B.
Charges: Client faced four charges in one case, including 4th Degree Assault of an Officer.
Resolution: Client pled down to Obstruction of Legal Process. This was an incredible result for a client that, at one time, had five pending domestic-related matters. In the end, he will have no new jail time, minimal fines, and be on probation with standard conditions. For a young man with no criminal record, limiting the damage to only an obstruction is a home run. The client is ecstatic and thrilled with this outcome.
Fourth-degree assault is generally an assault involving certain protected classes of alleged victims, or an assault motivated by bias. The statute includes many categories, such as peace officers, firefighters, emergency medical personnel, correctional employees, judges, probation officers, school officials in certain circumstances, vulnerable adults, transit operators, and others.
Most of the time, 4th degree assault is a gross misdemeanor offense. But certain versions may be charged as felonies, including some cases involving demonstrable bodily harm, bodily fluids, or a repeat bias-motivated assault conviction.
A gross misdemeanor can carry up to 364 days in jail and/or a fine of up to $3,000. The exact exposure depends on the specific subdivision charged and the facts alleged by the State.
Physically assaulting a peace officer is a gross misdemeanor under Minnesota law. It can become a felony if the assault inflicts demonstrable bodily harm, or if the person intentionally throws or otherwise transfers bodily fluids or feces at or onto the officer.
An assault can fall under the 4th degree assault statute if it was committed in whole or in substantial part because of the victim’s or another person’s actual or perceived protected characteristic. The current statute includes race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, disability, and certain associations with those groups.
Yes. One of the more common defenses is self-defense, where the alleged victim was the initial aggressor and you only used enough reasonable force to stop the aggressor. One significant benefit of the self-defense claim is that the State carries the burden of proving you were not acting in self-defense.
Other common defenses include defense of others, defense of property, consent, necessity, intoxication, and alibi. The available defenses depend on the facts, which is why a personalized legal strategy is critical.
Witness availability can make a major difference. Beyond raising common defenses, any good Minnesota assault attorney will investigate the allegations, hire an investigator if necessary, and figure out just how compliant the complaining victim is to the State.
North Star Criminal Defense – Proven Success in Fighting Assault Charges
The Minnesota assault lawyers at North Star Criminal Defense have over 45 combined years of successfully defending against assault charges of all degrees and throughout multiple jurisdictions, including federal courts in multiple states. We know the law, the defenses, and the strategy necessary in order to obtain resolutions that avoid convictions and jail time. We have helped countless clients overcome these debilitating charges and get back on their feet. If you have been accused of any type of assault crime, you need to contact us right away.