Assault in the First Degree is a serious felony level charge.
If someone is found guilty of Assault in the First Degree, they could face up to 30 years in prison and could be required to pay up to a $40,000 fine. An individual could also face a mandatory minimum prison sentence.
There are four ways someone can be found guilty of Assault in the First Degree:
ASSAULT IN THE FIRST DEGREE
1. Great Bodily Harm
If the State proves that someone (1) assaulted another person (2) and inflicted great bodily harm. Great bodily harm is defined as bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm.
Maximum penalty: 20 years in prison and/or a $30,000 fine.
2. Use of deadly force against peace officer, prosecuting attorney, judge, or correctional employee
If the State proves that someone (1) assaulted (2) a peace officer, prosecuting attorney, judge or correctional officer, (3) by using or attempting to use deadly force (4) while the peace officer is performing an official duty. Deadly force means force which the individual uses with the purpose of causing, or which the individual should reasonably know creates a substantial risk of causing, death or great bodily harm.
Mandatory minimum sentence: 10 years in prison. Maximum penalty: 20 years in prison and/or a $30,000 fine.
3. Great bodily harm; peace officer, prosecuting attorney, judge, or correctional employee.
If the State proves that someone (1) assaulted (2) a peace officer, prosecuting attorney, judge or correctional officer, (3) by inflicting great bodily harm (4) while the peace officer is performing an official duty.
Mandatory minimum sentence: 15 years in prison. Maximum penalty: 25 years in prison and/or a $35,000 fine.
4. Use of dangerous weapon or deadly force resulting in great bodily harm against peace officer, prosecuting attorney, judge, or correctional employee.
If the State proves that someone (1) assaulted (2) with a dangerous weapon, (3) a peace officer, prosecuting attorney, judge or correctional officer, (3) by inflicting great bodily harm (4) while the peace officer is performing an official duty. A dangerous weapon is:
- Any firearm, loaded or unloaded
- Any device designed as a weapon and capable of producing death or great bodily harm
- Any combustible or flammable liquid or other instrumentality or device that is used or intended to be used, that could produce great bodily harm
- Any fire that is used to produce death or great bodily harm.
Mandatory minimum sentence: 25 years in prison. Maximum Penalty: 30 years in prison and/or a $40,000 fine.
MN Statute
View the Minnesota Statute on the Website: Official Publication of the State of Minnesota Revisor of Statutes
The Attorneys at Sieben & Cotter have experience in handling Felony First Degree Assault cases. Learn more about First Degree Assault and Assault Charges.
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