What Do I Do If I am Charged With Assaulting an Officer in Minnesota?
By Sullivan Rice
No one wants to experience unwanted physical contact, and in Minnesota, any act of touching or striking someone can be classified as assault. This becomes particularly serious when the alleged victim is a police officer. Assaulting a police officer is prosecuted more rigorously than assaulting a civilian, and even minor actions, like pushing an officer’s hands away, can lead to serious charges. Given that assaulting a police officer can result in felony charges, it’s crucial to seek legal counsel.
Criminal Defense Representation
Charges for assaulting a police officer often accompany other offenses, resulting in increased penalties, including extended jail sentences and higher fines. Don’t find yourself in a precarious situation. A knowledgeable defense attorney can greatly enhance your chances of achieving a favorable result. At Jack Rice Defense, we’re here to assist you. Jack Rice brings years of experience defending the rights of individuals throughout Minnesota.
Understanding Assault or Obstruction Under Minnesota Law
Charges of assaulting a police officer often arise from high-stress, emotionally charged situations, which may not be accurately reflected in police reports. To convict you, your actions must meet the legal criteria for assault. Under Minnesota law, this can occur in two main ways:
1. Intentionally causing or attempting to cause bodily harm.
2. Intending to instill fear of bodily harm or death.
In Minnesota, a peace officer is defined as a licensed individual empowered to enforce the law and make arrests, including state troopers, conservation officers, and university police.
Assaulting a police officer falls under fourth-degree assault. It's also important to note that similar charges can apply to other public servants, such as:
- Firefighters
- Medical personnel
- Correctional staff
- Prosecutors and judges
- School officials
- Utility workers
Is Assaulting a Police Officer a Misdemeanor or a Felony?
It’s important to recognize that police officers are held to high professional standards, and assaulting one is treated seriously in court. As mentioned, assaulting a police officer can be classified as either a gross misdemeanor or a felony, depending on the specific circumstances of the case.
1. Misdemeanor: Obstruction of legal process can result in:.
- Up to 90 days in jail and/or
- Fines of up to $1000.
1. Gross Misdemeanor: Obstruction of Legal Process with Force can result in:
- Up to one year in jail, and/or
- Fines of up to $3,000.
2. Felony Charges: Assaulting an officer resulting in bodily harm, or intentionally throwing bodily fluids at them, can lead to felony charges, punishable by:
- Up to three years in prison, and/or
- Fines of up to $6,000.
Possible Defenses Against Assault Charges
Defending against allegations of assaulting a police officer can be challenging, as these charges often stem from misunderstandings. However, several defenses may apply, including:
- Lack of Knowledge: If you were unaware that the individual was a police officer acting in their official capacity, this could be a viable defense, particularly if the officer was in plain clothes or not clearly identified.
- Self-Defense: You may argue that you were acting in self-defense, but this defense must be reasonable. The Minnesota Supreme Court, in State v. Glowacki, ruled that the level of force used must be appropriate to the perceived threat.
- Defense of Others or Property: You might also claim that your actions were in defense of another person or property.
Every case is unique, so consulting with a criminal defense attorney is essential. They can evaluate your situation and develop a tailored defense strategy.
Criminal Defense Attorney
Have you been charged with assaulting a police officer? Were your actions misinterpreted or taken out of context? At Jack Rice Defense, we prioritize achieving the best possible outcome for you rather than focusing on guilt or innocence.