1st Degree Assault
What Counts as 1st Degree Assault in Minnesota?
1st degree assault occurs when the assault results in great bodily harm to the alleged victim, which means an injury that creates a high probability of death, causes serious permanent disfigurement, or causes a permanent or protracted loss or impairment of the function of any limb or organ.
First degree assault also occurs when the actor assaults a peace officer, prosecuting attorney, judge, or correctional employee by using or attempting to use deadly force against that person while the person is engaged in the performance of a duty imposed by law, policy, or rule.
Minnesota law also includes more serious penalty provisions when the alleged victim is a peace officer, prosecuting attorney, judge, or correctional employee. If the assault inflicts great bodily harm on that person while the person is engaged in the performance of a duty imposed by law, policy, or rule, the maximum penalty increases. And if the assault inflicts great bodily harm with a dangerous weapon or by using or attempting to use deadly force against that person, the maximum penalty increases again.
What Are the Penalties for 1st Degree Assault in Minnesota?
This is a felony-level offense. For a 1st degree assault involving great bodily harm, the maximum penalty is 20 years and/or a fine of $30,000. The same maximum penalty applies to using or attempting to use deadly force against a peace officer, prosecuting attorney, judge, or correctional employee while that person is engaged in the performance of a duty imposed by law, policy, or rule.
For 1st degree assault that inflicts great bodily harm on a peace officer, prosecuting attorney, judge, or correctional employee while that person is engaged in the performance of a duty imposed by law, policy, or rule, the maximum penalty is 25 years and/or a fine of $35,000.
For 1st degree assault that inflicts great bodily harm on a peace officer, prosecuting attorney, judge, or correctional employee with a dangerous weapon or by using or attempting to use deadly force while that person is engaged in the performance of a duty imposed by law, policy, or rule, the maximum penalty is 30 years and/or a fine of $40,000.
There are also mandatory prison sentences for certain convictions involving a peace officer, prosecuting attorney, judge, or correctional employee. Those mandatory sentences include not less than 10 years for a violation involving deadly force under subdivision 2, not less than 15 years for a violation involving great bodily harm under subdivision 3, and not less than 25 years for a violation involving great bodily harm with a dangerous weapon or deadly force under subdivision 4. For those mandatory sentences, the court may not stay imposition or execution of the sentence, and the person is not eligible for probation, parole, discharge, work release, or supervised release until the full term of imprisonment has been served as provided by law.
What Defenses Are Available to 1st Degree Assault Charges?
There are a number of defenses possibly available, all of which are dependent upon the circumstances of the case. This is why it is critical to hire a Minnesota assault attorney who 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 that is Not Always Minnesota Nice fighting for you, contact us now.
Case Results
To see just how successful our approach is, here are some representative case results:
State v. D.V.
Charges: 1st Degree Assault – Sentencing Attorney only
Resolution: Probationary sentence. Mr. Adkins was retained with less than two months to counsel and advise the client on how to position himself best for a life-altering sentencing hearing. Through this counseling, the client became proactive in obtaining services while in custody and wrote a thoughtful letter, demonstrating his remorse and acceptance of responsibility for his actions. The judge told the courtroom that he took the bench prepared to send the client to prison, pursuant to a presumptive commitment of 4+ years. After Mr. Adkins’ savvy and persuasive sentencing argument, the judge reversed course and placed the client on probation and sentenced him to serve no prison time. This is truly a remarkable outcome. And it goes to show that it is critical to be sure you are prepared to fight for your future at all times throughout the case. Even at sentencing when it seems like the deck is stacked against you, the right approach and sentencing attorney can lead to incredible results.
State v. (Confidential)
Charges: 1st Degree Assault, Possible Attempted Murder – Felony
Resolution: In a Washington County matter, Dan Adkins successfully sought and received a probationary sentence for a young person who nearly killed a friend in an alcohol-fueled event. Had this matter been charged as attempted homicide, a sentence in the hundreds of months would have been the starting point, for either negotiations or a result after a guilty verdict. As it is, aggressive work by the legal team and a tremendous commitment on the part of the client to address mental health and drug/alcohol dependency issues in residential treatment brought about a remarkable result. After a relatively short spell on probationary conditions, this person can move forward positively and thoughtfully, having never visited the inside of a Minnesota Correctional Facility. Truly incredible result.
1st degree assault includes assaulting another person and inflicting great bodily harm. It also includes certain assaults involving deadly force against a peace officer, prosecuting attorney, judge, or correctional employee while that person is performing a duty imposed by law, policy, or rule.
Great bodily harm means an injury that creates a high probability of death, causes serious permanent disfigurement, or causes a permanent or protracted loss or impairment of the function of any limb or organ. This is what separates many 1st degree assault allegations from lower-level assault charges.
For a 1st degree assault involving great bodily harm, the maximum penalty is 20 years in prison and/or a $30,000 fine. The same maximum applies to using or attempting to use deadly force against a peace officer, prosecuting attorney, judge, or correctional employee under Minn. Stat. § 609.221, subdivision 2.
Yes. If the assault inflicts great bodily harm on one of those protected persons while engaged in a duty imposed by law, policy, or rule, the maximum penalty is 25 years and/or a $35,000 fine. If great bodily harm is inflicted with a dangerous weapon or by using or attempting to use deadly force, the maximum penalty is 30 years and/or a $40,000 fine.
Yes. Minnesota law requires mandatory prison commitments for certain 1st degree assault convictions involving a peace officer, prosecuting attorney, judge, or correctional employee. Depending on the subdivision, the mandatory sentence is not less than 10, 15, or 25 years, and the court may not stay imposition or execution of that sentence.
Self-defense is one of the more common defenses, especially where the alleged victim was the initial aggressor and only reasonable force was used 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 circumstances of the case, which is why the defense strategy should be personalized to the facts.
Beyond raising legal defenses, a good Minnesota assault attorney will investigate the allegations, hire an investigator if necessary, and assess how compliant the complaining victim is with the State. If witnesses are unavailable, the State’s case becomes exponentially weaker.
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 charge, you need to contact us right away.