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Assault

There are numerous types of assault charges. The experienced criminal trial lawyers at Newmark Storms Law Office, LLC have tried assault cases involving all kinds of situations and circumstances.

Minnesota and Wisconsin Attorneys Defend Clients Against Assault Charges.

First Degree Assault
Assault in the first degree is the most serious assault offense and is a felony. It usually arises when great bodily harm is inflicted or deadly force is used against an on-duty peace officer or correctional employee (such as someone who works for a prison, jail, or workhouse). The penalties for a first degree assault conviction are steep, including up to 20 years in prison and $30,000 in fines.

Second Degree Assault
Second degree assault charges are felonies and are relevant when a dangerous weapon is used. In this case, the sentence involves up to seven years in prison and $14,000 in fines. If substantial bodily harm is caused in addition to using a dangerous weapon, the sentence can go up to 10 years in prison and $20,000 in fines.

Third Degree Assault
Assault in the third degree is also a felony. If the accused inflicts substantial bodily or harms a minor when there is a pattern of child abuse, then charge will likely be a gross misdemeanor. In this case, Also, if the assaulted victim is under the age of four and the bodily harm is to the child’s hear, eyes, neck, or otherwise multiple areas, the person will likely be charged with third degree assault. If convicted, the defendant faces up to five years in prison and $10,000 in fines.

Fourth Degree Assault
A fourth degree assault can be either a gross misdemeanor or a felony depending on the circumstances. Fourth degree gross misdemeanors are charged if the assault victim is

  • An off-duty peace officer
  • An employee of the Department of Natural Resources who is engaged in forest fire activities
  • A school official who is engaged in the school’s official duties.
  • A public employee with mandated duties
  • A member of a community crime prevention group and is actively engaged in neighborhood patrol
  • A “vulnerable adult”
  • A reserve officer
  • A postal service or utility employee or contractor performing duties of employment

If the assault victim is any of the following, then the defendant could be charged with a felony fourth degree assault offense:

  • The victim is a member of a municipal or volunteer fire department or emergency medical services personnel unit.
  • The victim is a physician, nurse, etc. providing health care services in an emergency department of a hospital.
  • The defendant inflicts bodily harm or intentionally throws (or transfers) bodily fluids or feces at an employee of a correctional facility (includes probation officers) or at a secure treatment facility staff member.
  • The assault is motivated by bias, such as the victim’s race, color, religion, sex, sexual orientation, disability, etc.

Fifth Degree Assault
Fifth degree assaults can range from misdemeanors to felonies depending on the particulars of the case.

  • Misdemeanor charges result when the defendant causes fear in another of immediate bodily harm or death or intentionally inflicts bodily harm.
  • Gross Misdemeanor charges result when the defendant causes fear or intentionally inflicts bodily harm against the same victim within 10 years.
  • Felony charges result when the defendant causes fear or intentionally inflicts bodily harm against the same victim two or more times within 10 years.

Other Assault Charges

Assault of an Unborn Child
Assault of an Unborn Child can range from first to third degree charges. The circumstances vary based on whether the child was subsequently born alive and how serious the bodily harm as inflicted.

Domestic Assault
Domestic assault charges range from misdemeanors to felonies. They are very similar to fifth degree assault charges, but the victim is a family or household member.