Can I Be Charged with 4th Degree Assault in Minnesota Even if I Didn't Touch Anybody?

In short, the answer is yes. 4th degree gross misdemeanor and felony assaults in Minnesota are essentially the same things as 5th degree misdemeanor assaults except that those assaults were directed at a particular class of people that the Minnesota legislature decided deserved more protection. This protected class includes police officers, firefights, corrections personnel, EMTs, and even school officials. As a result, like 5th degree assaults in Minnesota, it is not necessary that you even touched that cop, firefighter or other protected person to be found guilty in Minnesota of what is called 4th degree assault. Depending upon the extent of the assault and the particular class protected, the person could face with gross misdemeanor or even felony charges. If you are facing serious criminal charges including a 4th degree assault, make sure you sit down with an experienced Minnesota assault defense attorney.

“You could face a gross misdemeanor 4th degree assault charge against a police officer even if you don’t touch em’ but they had fear that it was coming. If it is worse, it could be a felony.”

Possible 4th Degree Assault Charges

In Minnesota, the difference between 4th and 5th degree assaults involves the protected class of people and the consequences in terms of possible sentences. This class of people may include:

• Peace officers

• Firefighters and emergency medical personnel

• Department of Natural Resource employees

• Correctional employees

• Prosecuting attorneys

• Judges

• Probation officers

• Secure treatment personnel

• Vulnerable adults

• Reserve officers

• School officials

• Utility and postal service employees and contractors

• Public employees with mandated duties

• Community crime prevention group members

• Bias-motived assaults

• Transit operators

The standard and potential charges varies depending upon the class of person. So, in other words, like 5th degree assault, 4th degree charges may occur with a person who:

• Commits an act with the intent to cause fear in another of immediate bodily hard or dearth; or

• Intentionally inflicts or attempts to inflict bodily harm upon another.

Notice that fear assaults can still be considered assault in the 4th degree context as can attempted assaults even though nobody was touched. However, because this is a protected class of people, the ramifications can be worse. Further, if there is “demonstrable harm,” charges could become even more serious.

Possible Penalties for 4th Degree Assault may include:

• A gross misdemeanor criminal conviction

• 1 year in jail jail;

• $3000 fine;

• Anger assessment and treatment program;

• Supervised probation.

With peace officers, firefighters, Judges, prosecutors and a host of others in a protected class, if the assault resulted in “demonstrable harm,”, the person could face:

• A felony criminal conviction

• 3 years in prison;

• Up to $6000 fine depending upon the class of the person;

• Anger assessment and treatment program;

• Supervised probation.

An additional element that sometimes applies in 4th degree charges in Minnesota includes the intentional throwing or transferring of boldly fluids, i.e. urine, blood, semen, feces, at or onto the protected person.

If you have been charged with 4th degree assault in Minnesota even if you never touched anybody, talk with Jack Rice Defense

If you are facing serious criminal charges in Minnesota, make sure you sit down with an experienced Minnesota criminal defense attorney.  Proof beyond a reasonable doubt is absolutely a high standard but that doesn’t mean that a jury can’t be convinced of somebody’s guilty using questionable evidence.  They absolutely can and does happen.  

“4th degree assault of a police officer or other protected person is a serious offense and prosecutors, who are part of that protected class, aggressively prosecute these kinds of cases.”

Jack Rice is a Board Certified Criminal Law Specialist, former prosecutor and former U.S. Federal Officer.  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.