Defending You Against Assault Charges In Minnesota

Last updated on April 29, 2025

If you are facing assault charges in Minnesota, it can be overwhelming and frightening. Authorities will detain you and interrogate you at length. It can be easy to fold under this pressure and give up.

At Gerlach Law, I work tirelessly to help individuals like you face serious criminal charges such as assault. With over 25 years of experience practicing criminal law and a background as a former prosecutor, I am well-equipped to protect your rights and fight aggressively on your behalf.

Understanding Assault Charges In Minnesota

Assault charges in Minnesota vary widely in severity, ranging from misdemeanors to serious felonies. The classification depends on the facts of your case, including the nature of the alleged assault, the use of weapons, the victim’s status, and any prior offenses. Facing these charges can impact your family, career, and future, but you are not alone–I am here to guide you through every step.

What Is Assault Under Minnesota Law?

Under Minnesota Statutes Chapter 609, assault is generally defined as intentionally causing or attempting to cause bodily harm to another person. The law breaks down assault into degrees based on the severity and circumstances:

• First-Degree Assault: This involves assaults that create a high probability of death or cause severe permanent disfigurement or impairment, or assaults using deadly force against peace officers or correctional employees. Conviction carries a mandatory minimum of 74 months in prison, with a 10-year minimum if the victim is a police or correctional officer. Maximum penalties include 20 years in prison and a $30,000 fine.
• Second-Degree Assault: This includes using a lethal weapon–like a gun, knife, or any item that can inflict death or severe injury–to harm or intimidate someone else. This charge presumptively results in a prison sentence under the Minnesota Sentencing Guidelines.
• Third-Degree Assault: Applies when the assault causes a fracture, temporary and substantial disfigurement, or impairment, or when the assault is against a minor with a history of abuse, or causes multiple bruises or harm to a child under four. Penalties include up to 5 years in prison and a $10,000 fine.
• Fourth-Degree Assault: Covers assaults on law enforcement, correctional officers, EMTs, and firefighters, primarily if bodily harm or intentional transfer of bodily fluids occurs. This can be a felony with penalties up to 3 years in prison and a $6,000 fine. It also includes bias-motivated assaults, which are assaults motivated by race, religion, sex, sexual orientation, age, or disability. Repeat bias-motivated assaults within 5 years can lead to felony charges with up to 366 days in jail and a $3,000 fine.
• Fifth-Degree Assault: The most common assault charge, ranging from misdemeanor to felony depending on the circumstances. Misdemeanor charges can carry up to 90 days in jail, while felony charges can result in up to 5 years in prison.

All legal references are based on Minnesota Statutes Chapter 609, which governs assault and related offenses.

Why You Should Contact Me Immediately

The sooner you reach out, the sooner I can ensure your rights are respected during police investigations and legal proceedings. Early intervention often leads to better outcomes. I have a proven track record of successfully taking cases to jury trial when necessary. I will be by your side throughout the process–from initial evaluation to trial or resolution.

Why My Criminal Justice Experience Benefits Your Case

Having previously worked as a prosecutor, I know firsthand how the government approaches assault cases. This insider knowledge allows me to anticipate the tactics used by police and district attorneys, giving you a strategic advantage. I use this experience to challenge the evidence against you and strive for the best possible outcome, whether that means dismissal, reduced charges or a strong defense at trial.

Free Assault Case Evaluation

I offer a free initial consultation to discuss your case confidentially. Together, we will review the charges, the evidence and your options. I am committed to defending you to the utmost of my ability, whether your case resolves through dismissal, plea negotiation or trial.

Call Gerlach Law today at 952-952-9723 or contact me online to schedule your free case evaluation. Let me use my experience to protect your future.