Minnesota Court of Appeals Sends 1st Degree Assault Case Back to District Court: What this Mean for Your 1st Degree Assault Case
Minnesota has five degrees of assault, ranging from 5th degree assault as the least serious up to 1st degree assault being the most serious. If you think of the levels of assault as rung on a ladder, 1st degree assault is the highest rung. The most common way it is charged out is under subdivision 1 which requires great bodily harm. If there isn’t great bodily harm, it’s not 1st degree assault. Reaching the top rung of the ladder is more difficult than what some prosecutors think it is, as highlighted in the Minnesota Court of Appeals decision released on November 12, 2024.
“Could have” is not enough for 1st degree assault
In State v. Ibrahim, the defendant admitted to causing injuries to the victim including a collapsed lung, but only admitted the injuries “could cause a person to die”. There are many statutes in Minnesota that allow a wide scope of conduct to fit the statute for a conviction. But 1st degree assault is not one of them. Caselaw is clear that if the State is arguing great bodily harm under the life threatening rationale, “the injury itself must be life-threatening.” State v. Gerald, 486 N.W.2d 799, 802 (Minn. Ct. App. 1992). There was not enough evidence in the record in State v. Ibrahim for a conviction on these grounds. The Court of Appeal also looked at the “other serious bodily harm” rational and determined that the conviction couldn’t stand on that rationale. The Court of Appeals sent the case back to the district court on the 1st degree conviction, but held that there was enough evidence on the 2nd degree conviction.
Conclusion
If you or a loved one were convicted of 1st degree assault, and you believe there wasn’t enough evidence to sustain the convictoin, you should contact a skilled appeals attorney. It’s important for you to act fast because generally the deadline to appeal felony and gross misdemeanor cases is 90 days; and 30 days for misdemeanors. Contact Jack Rice Defense if you want to appeal your case. (651) 447-7650
Peter Lindstrom
Peter is the head of the appellate and expungement departments at Jack Rice Defense. The Minnesota Court of Appeals reversed a felony conviction because of the brief Peter drafted. He has successfully expunged cases involving challenging issues with DWI, felony, and violence against family member cases. At the district court level, he has tried two felony jury trials to verdict, and successfully dismissed a felony gun case on 4th amendment grounds. Peter is particularly known for his intelligence, creativity, and legal acumen.
