Being charged with first-degree assault in Minnesota is one of the most serious allegations a person can face. This felony offense involves accusations of causing great bodily harm to another person and can lead to decades in prison if convicted. Understanding how Minnesota defines this crime, the penalties it carries, and the possible defenses is critical to protecting your rights and future.

Serious felony: first-degree assault is one of the most severe violent crime charges in Minnesota.
Harsh penalties: A conviction can result in up to 30 years in prison and large fines, depending on the situation.
Legal defense: An experienced criminal defense attorney can challenge the evidence and fight to protect your freedom.

Understanding First-Degree Assault Under Minnesota Law

Minnesota law defines multiple degrees of assault, with first-degree being the most serious. The state classifies it under Minnesota Statute §609.221, which includes five specific situations, called subdivisions, that describe when this charge applies.

Legal Definition

A person can be charged with first-degree assault under any of the following circumstances:

Causing Great Bodily Harm: When someone assaults another person and causes a serious injury that creates a high risk of death, permanent disfigurement, or long-term loss of a body function.
Using Deadly Force Against Officials: When someone uses or tries to use deadly force against a peace officer, prosecuting attorney, judge, or correctional employee who is performing official duties.
Causing Great Bodily Harm To Officials: When someone seriously injures a peace officer, prosecutor, judge, or correctional employee during the course of their official duties.
Using A Weapon Or Deadly Force Causing Great Bodily Harm To Officials: When a person uses or attempts to use a weapon or deadly force to seriously injure one of the same protected officials while they are on duty.
Mandatory Sentencing Rules: These establish required prison terms for anyone convicted under subdivisions 2, 3, or 4. Judges cannot reduce these sentences or grant probation.

Each of these circumstances is considered a felony and can result in a lengthy prison sentence, large fines, and permanent criminal consequences.

Handcuffs on table, gavel lying on sound block, crime punishment, law order

Difference From Lower Degrees Of Assault

Lower degrees of assault, such as second or third degree, may involve bodily harm but not “great bodily harm,” or they may lack elements like the use of a weapon or the involvement of a protected official. The degree of harm, the intent, and the victim’s status are what determine how severe the charge and punishment will be.

Penalties For First-Degree Assault

Under Minn. Stat. §609.221, first-degree assault includes four primary types of conduct and one subdivision detailing sentencing requirements. All are felonies that can lead to prison time and heavy fines.

1. Causing Great Bodily Harm

This applies when someone seriously hurts another person. The injury must be life-threatening, cause lasting disfigurement, or result in permanent damage.

Maximum penalty: Up to 20 years in prison and a fine of up to $30,000.

2. Using Deadly Force Against Law Enforcement Or Officials

This occurs when someone attempts to use or actually uses deadly force—such as firing a gun or attacking with a weapon—against a peace officer, prosecutor, judge, or correctional employee while performing official duties.

Maximum penalty: Up to 20 years in prison and a fine of up to $30,000.
Mandatory minimum: Between 10 and 20 years in prison.

3. Causing Great Bodily Harm To A Law Enforcement Officer Or Official

This applies when someone causes great bodily harm to a police officer, prosecutor, judge, or correctional employee during their official duties.

Maximum penalty: Up to 25 years in prison and a fine of up to $35,000.
Mandatory sentence: Between 15 and 25 years

4. Using A Weapon Or Deadly Force Causing Serious Injury To An Officer Or Official

This is the most serious form of first-degree assault. It involves using or attempting to use a weapon or deadly force and causing great bodily harm to a police officer, prosecutor, judge, or correctional employee while they are working.

Maximum penalty: Up to 30 years in prison and a fine of up to $40,000.
Mandatory sentence: Between 25 and 30 years

5. Mandatory Sentencing Rules

For anyone convicted under Subdivisions 2, 3, or 4, Minnesota law requires judges to impose prison time within the mandatory range. These sentences cannot be stayed, suspended, or replaced with probation. Early supervised release may occur only as allowed by Department of Corrections policy.

What This Means

Even the lowest level of first-degree assault can lead to decades in prison. Cases involving peace officers, judges, prosecutors, or correctional employees are punished most harshly and include mandatory prison terms. Because these laws are so strict, it’s crucial to contact an attorney immediately if you’re facing this charge.

Common Scenarios Leading To First-Degree Assault Charges

While every case is unique, several types of incidents commonly result in first-degree assault charges.

Severe Physical Altercations: A fight that results in serious injury, such as broken bones, internal bleeding, or brain trauma, may lead to a first-degree charge, especially if prosecutors believe the harm was intentional.
Use of Weapons: Assaults involving knives, guns, or other deadly weapons are more likely to be charged at the highest degree. Even if the weapon was not fired or used directly, the threat or intent may be enough to elevate the charge.
Assaults on Law Enforcement or Officials: When deadly force is used against police officers, prosecutors, or judges in the line of duty, Minnesota law automatically classifies the offense as first-degree assault, regardless of the injury level.

5 Key Elements The Prosecution Must Prove

To convict someone of first-degree assault, prosecutors must prove several elements beyond a reasonable doubt.

Intent: The defendant intended to cause harm or acted with reckless disregard for human life.
Bodily harm: The injury qualifies as “great bodily harm” under Minnesota law.
Causation: The defendant’s actions directly caused the injury.
Weapon involvement: A deadly weapon or dangerous object was used or threatened, if applicable.
Law enforcement victim (in certain cases): The alleged victim was a peace officer or other protected official performing their duties.

If any of these elements are not fully proven, the charge could be reduced or dismissed.

Possible Defenses Against First-Degree Assault

Because the stakes are so high, building a strong defense is essential. An experienced criminal defense attorney can analyze every aspect of the case and challenge weak points in the prosecution’s evidence.

Self-Defense: One of the most common defenses is self-defense. If you used reasonable force to protect yourself or someone else from imminent harm, your actions may be legally justified.
Defense of Others: Similar to self-defense, you may also argue that you acted to protect another person from imminent harm. Courts may view this as a valid defense if the actions were reasonable under the circumstances.
Lack of Intent: Since first-degree assault requires intent to cause serious injury, showing that the harm was accidental or unintentional can be a strong defense.
Insufficient Evidence: If there is a lack of reliable witnesses, unclear medical documentation, or inconsistencies in the prosecution’s story, your attorney can use these weaknesses to cast reasonable doubt.
Violation of Rights: If law enforcement obtained evidence through an unlawful search, seizure, or interrogation, your attorney can file motions to suppress that evidence, which may lead to dismissal of the charges.

How A Criminal Defense Attorney Can Help

Facing a charge of first-degree assault can feel overwhelming. However, a knowledgeable defense attorney can guide you through the process and fight for the best possible outcome.

Case Investigation: Your attorney will review police reports, witness statements, and medical records to uncover inconsistencies or procedural errors. They may also consult with medical experts to challenge the severity of the injuries alleged.
Negotiation and Plea Options: In some cases, a defense attorney may negotiate with prosecutors to reduce the charge to a lower degree of assault or seek an alternative resolution, such as a plea to a non-violent offense.
Trial Representation: If your case goes to trial, your lawyer will present evidence, question witnesses, and argue on your behalf to show that the prosecution failed to meet its burden of proof.

Protect Your Future With The Right Legal Help

A first-degree assault charge in Minnesota is one of the most serious offenses in the state, carrying penalties that can affect every aspect of your life. From lengthy prison sentences to a permanent criminal record, the consequences are too severe to face alone.

At The Law Offices of Josh Johnson, we have years of experience defending clients against violent crime charges in Minnesota courts. We know how to challenge the evidence, negotiate effectively, and build a strong defense tailored to your situation. If you or a loved one is facing a first-degree assault charge, contact Josh Johnson for a free consultation. We’ll fight to protect your rights, your reputation, and your future.

First-Degree Assault In Minnesota: Charges, Penalties & Defenses