Can I Be Charged with 5th Degree Assault in Minnesota Even if I Didn't Touch Anybody?
Assault frequently brings to mind some pretty terrible images. When you hear the word, you can’t help but think about some physical altercation by one person on another, usually ending in violence, pain and serious injury. However, is a physical assault even necessary to be convicted of a 5th degree assault in Minnesota? Believe it or not, the answer is no. If you are facing serious criminal charges including a 5th degree assault, make sure you sit down with an experienced Minnesota assault defense attorney.
“5th degree assaults can be troubling because it doesn’t require physical contact for a conviction. All it takes is fear and that fear could be very subjective indeed.”
Possible 5th Degree Assault Charges
In Minnesota, there are two different acts that qualify as 5th degree assault. These charges may occur with a person:
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 the first act only requires “fear in another of immediate bodily harm.” In other words, you don’t have to touch them and an act that you may not consider a threat, may be considered a threat by another. More importantly, it may be considered a threat by the jury. The second option involving an “attempt to inflict” doesn’t actually require physical contact either. While it may be closer to what some might traditionally assume is an assault, the question of attempt is still a very open one and one the may have lots of room for interpretation.
Possible Penalties for 5th Degree Assault may include:
A Misdemeanor criminal conviction;
90 days in jail;
$1000 fine;
Anger assessment and treatment program;
Supervised probation.
Additional ramifications that may apply:
Enhancability would apply which could result in future charges being more serious, even felonies and prison;
Depending upon the level of injury, the status of the person injured or whether you possessed anything that could be considered a weapon, this could easily be recharged as a a felony;
No contact order
If you have been charged with 5th 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.
“Assault convictions have a tendency of making the person facing them seem dangerous and unstable. This highlights the societal costs one might pay, let alone the criminal costs.”
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.