Assault in the Fourth Degree protects a special class of persons such as law enforcement, emergency medical personnel, correctional employees, vulnerable adult and others.
Assault in the Fourth Degree can be a felony or a gross misdemeanor, depending on the identity of the victim.
Common verbiage used in this statute is “demonstrable bodily harm” which is a physical harm you can see like a scratch or a bruise.
FELONY ASSAULT IN THE FOURTH DEGREE
- Peace Officers: “peace officer” means a person who is licensed and effecting a lawful arrest or executing “any other duty” imposed by law.
The State must prove: (1) physical assault of a peace officer (2) while the peace officer was effecting an arrest or executing any other lawful duty (3) inflicted demonstrable bodily harm OR intentionally throws or transfers bodily fluid or feces onto or at the officer.
Penalty: Up to 3 years imprisonment and/or a $6,000 fine.
- Firefighters, Emergency Medical Personnel: the protected class of persons are members of a municipal of volunteer fire department or emergency medical services, and an employee, such as a nurse or doctor that works in an emergency room.
The State must prove: (1) a physical assault occurred against the protected person (2) while engaging in their official duties (3) that inflicts demonstrable harm.
Penalty: Up to two years and/or a $4,000 fine.
- Secure Treatment Facility Personnel: the protected class of persons is employee who provides care, treatment, or works directly with individuals in a secure treatment facility.
The State must prove: (1) a physical assault occurred against the protected person (2) while engaging in their official duties (3) that inflicts demonstrable harm OR intentionally throws or transfers bodily fluid or feces onto or at the officer.
Penalty: Up to 2 years imprisonment and/or a $4,000 fine.
- Judge, Prosecuting Attorney, Probation Officer, Correctional Employee:
The State must prove: (1) a physical assault occurred against the protected person (2) while engaging in their official duties (3) that inflicts demonstrable harm OR intentionally throws or transfers bodily fluid or feces onto or at the officer.
Penalty: Up to 2 years imprisonment and/or a $4,000 fine.
The Attorneys at Sieben & Cotter have experience in handling Felony Fourth Degree Assault cases. See here (link: https://www.siebencotterlaw.com/criminal-defense-attorneys/assault-attorneys-mn/) for more information.
MN Statute
View the Minnesota Statute on the Website: Official Publication of the State of Minnesota Revisor of Statutes