Even a first-time assault and battery charge can lead to jail time, steep fines, and the consequences of a criminal record. If you’ve recently been charged, the first step is to educate yourself about your situation so you can be prepared for what’s next. Read on to learn more about assault and battery charges in Minnesota:
What is assault in Minnesota?
In Minnesota, there is no separate charge for assault and battery — Minnesota law incorporates both assault and battery charges under a singular assault charge.
There are two types of assault in Minnesota:
- Assault-fear: the act of putting someone in fear of an attack or non-consensual contact. It requires the state to prove you did something to cause another to fear imminent bodily harm or death.
- Assault-harm: intentional physical contact that results in bodily harm or injury.
This means that assault doesn’t require actual contact with another person — the assault-fear definition means that even putting someone in fear of imminent bodily harm is enough to result in an assault charge.
Simple vs. aggravated assault
Simple assault is an assault charge with no aggravating factors, while aggravated assault is any assault charge that has one or more aggravating factors.
Aggravating factors may increase the penalties and severity level of the charge.
Possible aggravating factors include:
- Assault against a public servant, police officer, school official, or medical staff
- Discriminatory assault
- Assault that results in substantial bodily harm
- Assault on a minor
- Assault involving a firearm or any item capable of causing serious bodily harm or death
What is the difference between assault and battery?
Assault and battery are generally interchangeable terms today. Historically, battery and assault were considered separate crimes, with battery requiring that the aggressor physically strike or offensively touch the victim. In that way, a battery was a "completed" assault. But most modern statutes don't bother to distinguish between the two crimes, and statutes often refer to crimes of actual physical violence as assaults.
Penalties for first time assault and battery charges
The penalties for an assault charge will vary depending on the degree of the assault. In Minnesota, there are five degrees of assault charges, ranging from a misdemeanor with up to 90 days in jail and minimal fines to a felony with much steeper consequences.
How much jail time for first time assault charge in Minnesota?
For first-time assault charges with no aggravating factors (i.e. no weapons were used and no serious injury was caused), the maximum penalty is 90 days in jail and a $1,000 fine.
Courts may also consider alternative sentencing options instead of jail time for first-time offenders. This may include:
- Probation
- Community service
- Anger management classes
- Paying restitution to the victim
Defenses to a first-time assault and battery charge
There are several viable defenses to an assault charge, including self-defense. Minnesota law does give citizens the right to defend against imminent threats of danger or assault. However, you must meet the burden of proof, which stipulates certain conditions that must occur for the act to be considered self-defense.
Self-defense is just one example of a defense strategy your attorney might use — but a great attorney will help you build a case unique to your situation to get you the best possible outcome.
How an attorney can help
If you’ve been charged with assault, you might be thinking that you don’t have options — but you’d be surprised. We’ve represented thousands of clients, all of whom started in the same position as you right now, and we’ve fought alongside them every step of the way.
We believe that it’s worth fighting your charges — because the consequences of a criminal record reach far beyond the jail time or fines you’ll have to pay. A good lawyer can negotiate a plea deal or advocate for the lighest possible sentence (or for the charges to be dropped entirely).
The criminal justice system can be complicated and punitive — that’s why we’re here to help you navigate it. Schedule a consultation to get started.
