Assault in Minnesota: From ‘Fear’ to ‘Great Bodily Harm’
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BY MN CRIME STAFF
One of the most common questions we receive is: "Why was he only charged with assault if the victim went to the hospital?"
The answer lies in Minnesota's strict legal definitions of "harm." Police and prosecutors must match the injury to one of five degrees of assault.
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The Hierarchy of Harm
Fifth-degree (Misdemeanor): Simple assault. This requires no physical injury. It is defined as an act done with intent to cause fear of immediate bodily harm or death.
Fourth-degree (Gross Misdemeanor/Felony): Assaults against specific public employees (Police, EMS, Firefighters, ER doctors) or motivated by bias.
Third-degree (Felony): Inflicting "Substantial Bodily Harm." This is legally defined as a fracture, or a temporary but substantial loss of the function of a bodily member (e.g., a broken nose or a black eye that swells shut).
Second-degree (Felony): Assault with a Dangerous Weapon. This applies if a gun, knife, or even a vehicle was used, regardless of the injury severity.
First-degree (Felony): Inflicting "Great Bodily Harm." This is the highest bar.
Defining "Great Bodily Harm"
To charge first-degree assault, prosecutors must prove the injury created a "high probability of death," caused "serious permanent disfigurement," or a permanent loss of function.
Example: A gunshot wound to the leg might only be second-degree (weapon) if it heals fully. A gunshot wound that requires amputation or hits a vital artery is first-degree (great bodily harm).
Legal Note: "Deadly Force" used against a police officer is automatically first-degree assault (MN Stat. 609.221), even if the officer is not injured.
Ultimately, the difference between a misdemeanor citation and a felony prison sentence often rests on the specific medical details found in an emergency room report. While the intent to harm might be similar in two different altercations, Minnesota statutes rigidly categorize assault based on the physical outcome—specifically, whether a bone was broken, a weapon was displayed, or a permanent injury was inflicted.
For defendants, this means a physical dispute can legally escalate from a simple fifth-degree charge to a major felony based solely on the severity of the victim's injuries and recovery time.
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