Incidents that lead to felony assault charges are often interpreted very differently, depending on who’s telling the story. A confrontation in a bar or an argument at home can end up classified as felony-level assault when someone is injured or a weapon is involved.
Minnesota law separates assault into different degrees based on many different factors some of which include injury level and the type of force used, as well as whether you have any prior history. Every case is unique, and the same incident that led to felony charges might be a misunderstanding or a self-defense situation, depending on the facts.
These cases are built around medical records and statements from the immediate aftermath, which can lead to prosecutors making assumptions before the full context is clear.
Brandt Kettwick Defense represents people across Minnesota facing felony assault charges. Our attorneys work through all sides of the story to understand what actually happened and which defenses are right for your unique case.
Minnesota law has several degrees of misdemeanor and felony assault. Under Minnesota law, “assault” is defined in two primary ways:
That means a physical injury isn’t always required. A case can be charged based on your conduct alone if prosecutors believe your actions created immediate fear of harm.
Felony charges usually involve something beyond such as allegedly causing substantial bodily harm, using a dangerous weapon, or having prior qualifying convictions. The attorneys at our law firm represent people charged with felony assault, including:
First-degree assault in Minnesota is reserved for the most serious injury-based cases and certain high-risk encounters involving protected public officials. This charge applies when someone is accused of:
“Great bodily harm” is defined separately under Minnesota law and generally refers to injuries that:
Sentencing in these cases is severe. Depending on the circumstances, prison time can range all the way up to decades in prison. Minnesota law also includes mandatory minimum prison terms for certain convictions involving protected officials.
Second-degree assault cases focus less on the level of injury and more on whether someone used a weapon. This is one of the most commonly charged felony assault offenses in Minnesota because it doesn’t require serious injury, only proof that a dangerous weapon was involved.
A “dangerous weapon” is not limited to firearms or knives. Minnesota law defines it broadly, meaning almost any object can qualify if it is used in a way that could cause serious harm. That includes items like bottles, vehicles, tools, or even household objects, depending on how they were used. If convicted, you could be sentenced to up to 10 years in prison. Depending on the weapon used, there are also mandatory minimum sentences.
Third-degree assault cases typically involve significant injury, but without the need for a weapon. This charge applies when an assault results in substantial bodily harm. It can also apply to cases involving a documented pattern of child abuse against a minor or cases involving young children and specific injuries to sensitive areas like their head or neck.
“Substantial bodily harm” generally refers to injuries that go beyond temporary pain. They may include fractures, concussions, deep cuts, or injuries requiring more than routine medical care. It also includes injuries that temporarily impair a person’s ability to use part of their body.
These cases often turn on how medical records describe the injury and whether the state can meet the statutory threshold. Convictions can result in up to five years in prison.
Fourth-degree assault can be a gross misdemeanor or a felony. These charges are less about how severe the injury is and more about who is involved and what role they were performing at the time. This statute covers a wide range of protected roles. For example, it can be a felony if “demonstrable bodily harm” results from an assault on:
In many of these situations, it’s a felony when there is “demonstrable bodily harm,” as long as the statutory requirements for the protected category and conduct are met. Imprisonment terms vary, but are usually two or three years, depending on the specific facts of your case.
Fifth-degree assault is usually a misdemeanor or gross misdemeanor, but it can escalate to a felony if you have prior domestic violence-related convictions. The statute covers both fear-based conduct and physical harm, even when the injuries are minor or non existant.
Assault cases are rarely one-sided in practice, and they often involve competing medical accounts or witnesses who saw only part of what happened. The legal question is whether the state can prove each element of the charge under Minnesota law beyond a reasonable doubt. Our lawyers comb through the evidence and consider which defenses might be right for you, including:
Because each case is different, an attorney from our law firm can build a custom defense to your charges. Our law firm investigates each case and works to get the best result possible under the law and evidence.
If you’re dealing with felony assault charges, you need an attorney who knows how Minnesota district courts approach these charges and how prosecutors tend to evaluate the evidence behind them.
Brandt Kettwick Defense represents clients across Minnesota. Contact us today to speak with a felony assault defense lawyer in Minnesota and find out how we can help.
