How Long Can You Go To Jail For Assault In Minnesota?

If you’ve ever wondered “how long can you go to jail for assault” in Minnesota, the answer depends on the degree of assault and the circumstances surrounding the case. Minnesota has several levels of assault offenses, ranging from misdemeanors to serious felonies that can lead to decades in prison. Understanding how the law defines assault and what penalties apply can help you better grasp what’s at stake and why legal representation is so important.

• Different degrees: Minnesota recognizes five degrees of assault, each with its own level of severity.
• Penalties vary: Jail or prison time can range from 90 days to 30 years, depending on the charge.
• Legal help: A defense attorney can evaluate the facts and build a strategy to reduce or dismiss charges.

What Minnesota Law Considers “Assault”

Minnesota defines assault as either causing bodily harm to another person or intentionally causing fear of immediate harm or death. This means that physical contact is not always necessary; threatening behavior or attempting to injure someone may also qualify.

There are five degrees of assault in Minnesota, from first degree (the most serious) to fifth degree (the least serious). The degree charged depends on the extent of harm, use of weapons, and whether the victim is a protected individual, like a police officer or child.

First Degree Assault

First-degree assault is the most severe level of assault under Minnesota law and is charged when someone causes great bodily harm or uses deadly force against certain protected individuals.

• Great bodily harm: Refers to serious injuries that could cause death, permanent disfigurement, or long-term impairment.
• Protected individuals: Includes peace officers, prosecutors, judges, and correctional employees performing official duties.

Penalties

The penalties for first-degree assault depend on the exact situation and which part of the statute applies:

• Causing great bodily harm: Up to 20 years in prison and fines up to $30,000.
• Using deadly force against a protected official: Up to 20 years in prison and fines up to $30,000 (mandatory 10–20 years in prison).
• Causing great bodily harm to a protected official: Up to 25 years in prison and fines up to $35,000 (mandatory 15–25 years).
• Using a weapon or deadly force causing great harm to a protected official: Up to 30 years in prison and fines up to $40,000 (mandatory 25–30 years).

Because of these mandatory minimums, first-degree assault almost always results in prison time if convicted.

Second Degree Assault

Second-degree assault typically involves using a dangerous weapon such as a gun, knife, or blunt object. Even if no one is seriously injured, the presence or use of a weapon greatly increases the severity of the charge.

Penalties

There are two main penalty levels for second-degree assault:

• Without substantial bodily harm: Up to 7 years in prison and fines up to $14,000.
• With substantial bodily harm: Up to 10 years in prison and fines up to $20,000.

Sentences can increase if the victim was a police officer, the weapon was discharged, or if the defendant has a prior violent crime conviction.

Third Degree Assault

Third-degree assault covers significant but not life-threatening injuries and certain assaults involving minors. It’s often charged when someone causes “substantial bodily harm” or assaults a child under four years old.

Penalties

• Maximum penalty: Up to 5 years in prison and fines up to $10,000.
• Enhanced penalties: May apply if the victim is under 4 or if there’s a pattern of child abuse.

While this charge doesn’t carry the same potential prison term as first or second degree assault, it still results in a felony record that can impact employment, housing, and civil rights.

Fourth Degree Assault

Fourth-degree assault applies when someone assaults a peace officer, firefighter, emergency medical worker, correctional employee, or certain public workers. It can also apply to assaults motivated by bias (such as race or religion).

Penalties

Depending on the situation, fourth-degree assault can be a gross misdemeanor or a felony:

• Peace officers: Gross misdemeanor (up to 364 days in jail and fines up to $3,000) if there’s no bodily harm. Felony (up to 3 years in prison and fines up to $6,000) if bodily harm occurs or bodily fluids are thrown.
• Firefighters, EMS, and emergency room staff: Felony (up to 2 years in prison and fines up to $4,000) when bodily harm occurs.
• Correctional employees, judges, prosecutors, and probation officers: Felony (up to 2 years in prison and fines up to $4,000) when bodily harm or bodily fluids are involved.
• Bias-motivated assaults: Usually a gross misdemeanor (up to 364 days in jail and fines up to $3,000). A repeat bias-motivated offense within 5 years can rise to a felony punishable by up to one year and one day in prison.

Even though some fourth-degree assaults may not result in long prison sentences, the collateral consequences—such as loss of professional licenses or immigration complications—can be serious.

Fifth Degree Assault

Fifth-degree assault is the lowest-level assault charge in Minnesota, but it is still taken seriously. It usually involves minor injuries, attempts to hit someone, or causing fear of harm.

Penalties

Depending on prior offenses and circumstances, fifth-degree assault can be a misdemeanor, gross misdemeanor, or felony:

• Misdemeanor: Up to 90 days in jail and fines up to $1,000.
• Gross misdemeanor: Up to 1 year in jail and fines up to $3,000 (if you have a prior assault or domestic violence conviction).
• Felony: Up to 5 years in prison and fines up to $10,000 if the defendant has two or more prior qualified domestic-violence-related convictions within the relevant time frame.

While a first-time fifth-degree charge might only lead to a short jail sentence or probation, repeat offenses can escalate quickly into felony convictions.

Degree of Assault	Description	Classification	Maximum Jail or Prison Time	Maximum Fine
First Degree	Causing great bodily harm; or using deadly force or a weapon against a peace officer, prosecutor, judge, or correctional employee while they are performing their duties.	Felony	20–30 years	$30,000–$40,000
Second Degree	Assault involving a dangerous weapon such as a gun, knife, or blunt object; may or may not cause serious injury.	Felony	7–10 years	$14,000–$20,000
Third Degree	Causing substantial bodily harm to another person, or assaulting a child under age 4; includes certain repeat assaults.	Felony	5 years	$10,000
Fourth Degree	Assaulting a peace officer, firefighter, EMS worker, correctional employee, or other protected public worker; can also apply to bias-motivated assaults.	Gross Misdemeanor or Felony	364 days–3 years	$3,000–$6,000
Fifth Degree	The least severe assault charge; involves minor injuries, threats, or attempts to hit someone. Can escalate with prior offenses or domestic violence.	Misdemeanor, Gross Misdemeanor, or Felony	90 days–5 years	$1,000–$10,000

How Judges Decide Sentences

Judges use the Minnesota Sentencing Guidelines to determine punishment. These guidelines consider:

• Severity level of the offense: Higher degrees of assault carry higher guideline ranges.
• Criminal history: Prior convictions increase the length of prison time.
• Aggravating or mitigating factors: Use of weapons, victim vulnerability, or intent can raise or lower the sentence.

For misdemeanor and gross misdemeanor cases, the maximum penalties are set by statute (90 days and 364 days, respectively). For example, a first-time offender convicted of third-degree assault may receive probation and local jail time, while a repeat offender or someone who used a weapon could face several years in prison.

Collateral Consequences Of An Assault Conviction

Beyond jail or prison time, assault convictions can have long-lasting effects.

• Employment: Felony convictions often appear on background checks.
• Gun ownership: Violent felony convictions lead to the loss of firearm rights under Minnesota and federal law.
• Housing: Landlords may deny housing to individuals with violent criminal records.
• Reputation: A conviction can affect personal and professional relationships.

Even a misdemeanor assault can cause major setbacks in your life, which is why it’s critical to address these charges seriously from the start.

5 Ways A Criminal Defense Attorney Can Help

If you’re facing an assault charge, the right attorney can make a major difference in the outcome of your case.

1. Analyze the evidence: Review police reports, videos, and witness statements for inconsistencies.
2. Challenge weak claims: Identify gaps in proof, such as unclear intent or lack of serious injury.
3. Negotiate reduced charges: Seek plea agreements to lower the degree of assault or avoid jail time.
4. Pursue dismissal: File motions to suppress illegally obtained evidence or challenge procedural errors.
5. Defend at trial: Present a strong case before the judge or jury when necessary.

An experienced defense lawyer can also help protect your rights during questioning and prevent you from saying anything that could be used against you later.

Protect Your Future After An Assault Charge

How long can you go to jail for assault in Minnesota? It can range from a few months to 30 years, depending on the charge and your circumstances. No matter what degree of assault you’re accused of, the stakes are high, and you need someone who knows how to fight back.

At The Law Offices of Josh Johnson, we understand how frightening assault charges can be. We work to protect your rights, challenge weak evidence, and guide you through every step of the legal process. Whether you’re facing a misdemeanor or a felony assault charge, our team is ready to help.

Contact Josh Johnson today for a free consultation to discuss your case and learn how he can help you build a strong defense.