Minneapolis Fourth Degree Assault Lawyer
Fourth Degree Assault is a serious crime in the State of Minnesota. If you, or someone you know is charged with a crime, please call criminal defense attorney Barry McKee immediately. Time is often of the essence in these matters! Barry McKee is a lawyer with extensive experience defending assault cases in Minnesota and can help guide you (or your loved one) to the best outcome in the case.
What is Fourth Degree Assault?
Generally, Minnesota Statute 609.2231 explains Fourth Degree Assault (see below). There are several subdivisions to the statute most of which deal with assaults of persons acting in an official capacity or assaults on persons of an otherwise protected class.
609.2231 ASSAULT IN THE FOURTH DEGREE.
Subdivision 1.Peace officers.
Whoever physically assaults a peace officer, when that officer is effecting a lawful arrest or executing any other duty imposed by law is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both. If the assault inflicts demonstrable bodily harm or the person intentionally throws or otherwise transfers bodily fluids or feces at or onto the officer, the person is guilty of a felony and may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $6,000, or both.
Subd. 2.Firefighters and emergency medical personnel.
Whoever assaults any of the following persons and inflicts demonstrable bodily harm is guilty of a felony and may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $4,000, or both:
(1) a member of a municipal or volunteer fire department or emergency medical services personnel unit in the performance of the member’s duties; or
(2) a physician, nurse, or other person providing health care services in a hospital emergency department.
Subd. 2a.Certain Department of Natural Resources employees.
Whoever assaults and inflicts demonstrable bodily harm on an employee of the Department of Natural Resources who is engaged in forest fire activities is guilty of a gross misdemeanor.
Subd. 3.Correctional employees; probation officers.
Whoever commits either of the following acts against an employee of a correctional facility or against a probation officer or other qualified person employed in supervising offenders while the employee, officer, or person is engaged in the performance of a duty imposed by law, policy, or rule is guilty of a felony and may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $4,000, or both:
(1) assaults the employee and inflicts demonstrable bodily harm; or
(2) intentionally throws or otherwise transfers bodily fluids or feces at or onto the employee.
Subd. 3a.Secure treatment facility personnel.
(a) As used in this subdivision, “secure treatment facility” has the meaning given in section 253B.02, subdivision 18a.
(b) Whoever, while committed under section 253B.185 or Minnesota Statutes 1992, section 526.10, commits either of the following acts against an employee or other individual who provides care or treatment at a secure treatment facility while the person is engaged in the performance of a duty imposed by law, policy, or rule is guilty of a felony and may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $4,000, or both:
(1) assaults the person and inflicts demonstrable bodily harm; or
(2) intentionally throws or otherwise transfers bodily fluids or feces at or onto the person.
(c) The court shall commit a person convicted of violating paragraph (b) to the custody of the commissioner of corrections for not less than one year and one day. The court may not, on its own motion or the prosecutor’s motion, sentence a person without regard to this paragraph. A person convicted and sentenced as required by this paragraph is not eligible for probation, parole, discharge, work release, or supervised release, until that person has served the full term of imprisonment as provided by law.
(d) Notwithstanding the statutory maximum sentence provided in paragraph (b), when a court sentences a person to the custody of the commissioner of corrections for a violation of paragraph (b), the court shall provide that after the person has completed the sentence imposed, the commissioner shall place the person on conditional release for five years.
Subd. 4.Assaults motivated by bias.
(a) Whoever assaults another because of the victim’s or another’s actual or perceived race, color, religion, sex, sexual orientation, disability, age, or national origin may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.
(b) Whoever violates the provisions of paragraph (a) within five years of a previous conviction under paragraph (a) is guilty of a felony and may be sentenced to imprisonment for not more than one year and a day or to payment of a fine of not more than $3,000, or both.
Subd. 5.School official.
Whoever assaults a school official while the official is engaged in the performance of the official’s duties, and inflicts demonstrable bodily harm, is guilty of a gross misdemeanor. As used in this subdivision, “school official” includes teachers, school administrators, and other employees of a public or private school.
Subd. 6.Public employees with mandated duties.
A person is guilty of a gross misdemeanor who:
(1) assaults an agricultural inspector, occupational safety and health investigator, child protection worker, public health nurse, animal control officer, or probation or parole officer while the employee is engaged in the performance of a duty mandated by law, court order, or ordinance;
(2) knows that the victim is a public employee engaged in the performance of the official public duties of the office; and
(3) inflicts demonstrable bodily harm.
Subd. 7.Community crime prevention group members.
(a) A person is guilty of a gross misdemeanor who:
(1) assaults a community crime prevention group member while the member is engaged in neighborhood patrol;
(2) should reasonably know that the victim is a community crime prevention group member engaged in neighborhood patrol; and
(3) inflicts demonstrable bodily harm.
(b) As used in this subdivision, “community crime prevention group” means a community group focused on community safety and crime prevention that:
(1) is organized for the purpose of discussing community safety and patrolling community neighborhoods for criminal activity;
(2) is designated and trained by the local law enforcement agency as a community crime prevention group; or
(3) interacts with local law enforcement regarding community safety issues.
Subd. 8.Vulnerable adults.
Whoever assaults and inflicts demonstrable bodily harm on a vulnerable adult, knowing or having reason to know that the person is a vulnerable adult, is guilty of a gross misdemeanor.
Subd. 9.Reserve officer.
A person is guilty of a gross misdemeanor who:
(1) assaults a reserve officer who is engaged in the performance of official public duties at the direction of, under the control of, or on behalf of a peace officer or supervising law enforcement officer or agency; and
(2) should reasonably know that the victim is a reserve officer engaged in the performance of official public duties of the peace officer, or supervising law enforcement officer or agency.
Subd. 10.Utility and postal service employees and contractors.
(a) A person is guilty of a gross misdemeanor who:
(1) assaults an employee or contractor of a utility or the United States Postal Service while the employee or contractor is engaged in the performance of the employee’s or contractor’s duties;
(2) should reasonably know that the victim is an employee or contractor of a utility or the postal service who is:
(i) performing duties of the victim’s employment; or
(ii) fulfilling the victim’s contractual obligations; and
(3) inflicts demonstrable bodily harm.
What are the Criminal Penalties for Fourth Degree Assault?
As is explained above, the penalties for Fourth Degree Assault are variable depending on who is assaulted, the type of assault committed and the degree of harm caused. It is important to note that persons convicted of Fourth Degree Assault don’t always serve the maximum possible jail or prison sentence or pay the maximum possible fine; however, some time in jail (or prison) is common after a conviction for Fourth Degree Assault. Moreover, persons convicted of Fourth Degree Assault will likely be placed on probation for an extended period and ordered to comply with all the rules and regulations of probation. If a probation violation occurs, then the individual may have to pay more fines or serve more time in jail or prison.
What are the non-criminal consequences of a Fourth Degree Assault Conviction?
Stress. For most people, one of the nasty consequences of any criminal charge is stress. A criminal charge is stressful for the accused and his or her family and friends. The stress comes from: not knowing the legal process and rules; embarrassment of being charged with a crime and having to go to court; the expenses associated with dealing with the criminal charges, the inconvenience of DANCO or other “no contact” orders, and the fear of an outcome in the case that is beyond the defendant’s control. Will a jail sentence be imposed? If so, for how long? Will there be fines, if so, how much? Will the case need to go to trial? How much will all this cost? Will I lose my job?
Harm to Employment/Employment Prospects. Under Minnesota law, some employers can fire an employee because of a criminal conviction. In addition, job applications often ask the applicant if he or she has been convicted of a crime. Unfortunately, Fourth Degree Assault is a crime and would have to be disclosed on a job application. Moreover, a conviction for Fourth Degree Assault would most assuredly show up on a criminal background check.
Probation/Probation Violations. The court will order someone convicted of Fourth Degree Assault to be placed on probation. Probation can be intensive or non-intensive and result in travel and other restrictions. If a defendant charged with assault is already on probation for another case, then a conviction could trigger a probation violation on any other cases for which the defendant is currently on probation.
Anger and Chemical Use Assessments. Most judges will order an individual convicted of Fourth Degree Assault to submit to an anger management assessment. In addition, if there was any alcohol or drug use by the defendant in connection with the incident, then the judge will likely also order the defendant to submit to a chemical uses assessment as well.
After the assessment process is complete, the Judge (or probation officer) will review the assessment and associated recommendations. The judge then, as part of the Sentencing Order, orders the defendant to comply with all of the assessment’s recommendations. For example, if an anger management assessment recommends that a defendant attend a specific anger management class, then the defendant must attend (and pay for) that specific class. Moreover, if a defendant fails to follow the assessment’s recommendations, then a judge may find that the defendant has violated a term of probation and needs to serve time in jail.
What are the defenses to Fourth Degree Assault?
As with all criminal cases, depending on the facts of the case, there may be defenses available to the person who is accused. A general list of defenses includes: self-defense, defense of others, intoxication, involuntary intoxication, insanity, necessity, abuse, and several others. Contact Minnesota Criminal Defense Attorney Barry McKee to find out what defense(s) may apply in your case.
Why you should contact Minnesota Fourth Degree Assault Attorney Barry McKee?
Barry McKee is a criminal defense lawyer with over 40 years experience handling assault cases. He knows the tendencies of the prosecutors and judges, the law, the defenses, and how to get you the best outcome in your case. If contacted early enough in the process Barry McKee is often able to get criminal charges dismissed or reduced.