Can I Be Charged with 2nd Degree Assault in Minnesota Even if I Didn't Touch Anybody?
The answer is . . . it is a possibility. There are two options that apply to a 2nd degree assault charges in Minnesota. One involves substantial bodily harm with a weapon. So, this requires a physical assault. However, the other only requires the possession of a weapon and threatening to use it without actually touching the person. Regardless, a Minnesota 2nd degree assault in many instances comes with a presumptive prison sentences. If you are facing a serious criminal assault charge in Minnesota, contact a Board Certified Criminal Law Specialist and experienced criminal defense attorney.
“If you never touch somebody but threaten to do so and you possess a weapon, you could easily face a 2nd degree felony assault charge in Minnesota.”
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?
Remember that an assault is defined as either a physical touching but it also includes the fear of imminent harm. This means that there is no actual touching.
What can be Considered a Dangerous Weapon?
In both subdivisions of the 2nd degree assault statute in Minnesota, there is a requirement for a dangerous weapon. A danger weapon can be defined far more broadly than some might expect. It may include a vast number of different objects if those objects are used as a weapon to harm or threaten 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 under Minnesota Statute 609.11);
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 but are not limited to:
A car;
A knife;
A tool;
A club;
A piece of furniture;
Another household object used as a weapon.
“A simple misdemeanor domestic assault or 5th degree assault can turn into a felony based upon what you might have in your hands.”
What Does Substantial 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 substantial 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 more harsher penalties including:
A Felony criminal conviction;
Imprisonment of up to ten years,
A fine of up to $20,000, or both.
Go with the Best - Contact Jack Rice Defense
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.