What if I’m Charged with 2nd Degree Assault in Minnesota?

Second-degree assault is a serious criminal charge in Minnesota. While the circumstances can vary dramatically, several aspects are always present including an assault and the use of a dangerous weapon in that assault.  The kinds of charges and potential ramifications depend upon the seriousness of the harm caused. If you are facing a serious criminal assault charge in Minnesota, contact a Board Certified Criminal Law Specialist and experienced criminal defense attorney.

“Threatening another with a dangerous weapon, even if you never touch them could be enough for a 2nd degree assault conviction.”

What Is Second-Degree Assault?

Under Minnesota law, second degree assault is a felony offense.  Assault 2 charges generally fall into 2 categories:

• Subdivision 1. Assault with a dangerous weapon assault, and

• Subdivision 2. Assault with a dangerous weapon an assault that causes substantial bodily harm.

What can be Considered an Assault?

An assault is a crucial element in a 2nd degree assault charge.  It should seem obvious that this would obviously include an actually physical or assault on another. What is less obvious is that the threat of imminent harm can also be considered an assault. In other words, threatening another with a dangerous weapon, even if you never touch them, could be enough for a 2nd degree assault conviction.

What can be Considered a Dangerous Weapon?

In both subdivision one and two, the statute talks about the use of a dangerous weapon.  So, what can Minnesota consider a dangerous weapon?  A dangerous weapon can be defined far more broadly that most people might expect.  It may include a vast number of different objects if those objects are used as a weapon to threaten or harm another person.

Dangerous weapons include:

• Any firearm, regardless of whether loaded or unloaded (beware that a firearm could put an assault in a completely different category);

• Any combustible or flammable liquid; and

• Any other object that is used or intended to be used to cause great bodily harm or death. This last option can be read extremely broadly to include:

  • A car;

  • A knife;

  • A tool;

  • A club;

  • A piece of furniture;

  • Any household item used as a weapon.

“The difference between a 5th degree misdemeanor and a 2nd degree felony assault could be nothing more than what somebody has in their hands and nothing more.”

What Does Substantially Bodily Harm Mean?

Under subdivision 2 of the statute, if a person causes substantial bodily harm to another while using a dangerous weapon (see above), they may face more serious penalties. 

Minnesota law defines substantially bodily harm as bodily injury that:

• Involves a temporary but substantial disfigurement,

• Causes a temporary but substantial loss of function of a body part, or

• Causes a fractured, broken bone or broken tooth.

What are the Possible Consequences of a 2nd Degree Assault?

The consequences for a conviction of a 2nd degree assault in Minnesota can get very serious, very quickly.  Under subdivision 1, if you commit an assault with a dangerous weapon even if the victim doesn’t suffer substantial body hard, you may face harsh penalties including:

• A Felony criminal conviction;

• Jail time up to seven years,

• A fine of up to $14,000, or both.

Under subdivision 2, a 2nd degree assault that results in substantially bodily harm carries an even harsher penalties including:

• A Felony criminal conviction;

• Imprisonment of up to ten years,

• A fine of up to $20,000, or both.

How Could a 2nd Degree Assault Conviction Impact my Life?

The problem with a serious assault conviction is that it has the tendency of making anybody convicted of it seem dangerous and unreliable. As a result, it can impact:

• Your ability to get a job;

• Your ability to keep a job;

• Your ability to get housing;

• Your ability to get certain student loans and other benefits.

Go with the Best

If you are charged with a serious assault charge in Minnesota sit down with an experienced criminal defense attorney.  Understanding the distinctions in the threat levels, as well as what is considered a weapon and even substantial bodily harm may be critical.  Even more importantly, understanding three key defenses may be everything.  These include:

• Self defense;

• Defenses of Others; and

• Not Guilty.

Knowing your rights and what may be coming at you if you are charged is the first step.  Having a Board Certified Criminal Law Specialist and award winning Minnesota criminal defense attorney by your side could make all of the difference.

Jack Rice is a Board Certified Criminal Law Specialist, a Former U.S. Federal Officer, a former prosecutor and Founder of Jack Rice Defense. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.