Can I Be Charged with 3rd Degree Assault in Minnesota Even if I Didn't Touch Anybody?
The answer is . . . it depends. Generally, a felony assault in the third degree in Minnesota applies to a person who inflicts substantial bodily harm on another and excludes the use of a weapon. Hence, this requires physical contact. However, it can also apply to assaulting a minor under certain circumstances which may not require an actual touching (See below for more). Regardless, this is an extremely serious offense that has the real potential for jail or prison. If you are facing 3rd degree assault charges in Minnesota, make sure you talk to an experienced criminal defense attorney. Better yet, speak with a Board Certified Criminal Law Specialist who is also a criminal defense attorney.
“3rd degree assault is usually charged when there is substantial bodily harm. As a result, it is a felony immediately and exposes the person charged to a real possibility of jail or prison.”
What Allegations can Result in a 3rd Degree Assault Charge?
In Minnesota, there are generally three different kinds of acts that qualify as a 3rd degree felony assault. These charges may occur with a person:
who assaults another and inflicts substantial bodily harm on another (see definition of substantial bodily harm below);
who assaults a minor while having engaged in a past pattern of child abuse against the minor;
who assaults a child under four and causes bodily hard to the child’s head, eyes, neck or causes multiple bruising.
Notice that the second option above which requires a “pattern of abuse” does not necessarily require actually physical harm. As a result, under this circumstance, it is possible to face a felony 3rd degree assault without ever actually touching the child.
What is the Definition of Substantial Bodily Harm?
“Substantial bodily harm” is defined as bodily injury which:
involves a temporary but substantial disfigurement; or
causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member.
A simple example of this is a broken bone like a nose, orbital bone, finger, tooth or more. However, it may involve something less obvious like a concussion, loss of consciousness and more.
Possible Penalties for 3rd Degree Assault may include:
A Felony criminal conviction
Up to five years in prison;
Fine of up to $10,000;
Anger assessment and treatment program;
Supervised probation.
As 3rd degree assaults are all felonies, the ramifications can be severe beyond jail or prison. This can impact your ability possess firearms, your ability to vote and a whole series of other ramifications.
If you have been charged with 3rd degree assault in Minnesota, talk with Jack Rice Defense
If you are facing serious criminal charges in Minnesota, it is time to sit down with an experienced criminal defense attorney. The ramifications of this kind of conviction can be serious. It is not just the jail or prison, it is the impact it can have on jobs, a career, education, housing and reputation in the community.
“Notice that an assault of a minor that includes a “pattern of abuse” does not require actually physical harm. As a result, under this circumstance, it is possible to face a felony 3rd degree assault without ever actually touching the child.”
Jack Rice is a former prosecutor, a Board Certified Criminal Law Specialist, and a former U.S. Federal Agent. He is also the founder of Jack Rice Defense. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. Check out what others have said about Jack online. Watch his videos and read his articles too. Jack’s got your back.