Depending on various factors, a 4th degree assault charge can be a felony or gross misdemeanor level offense that carries a risk of prison or jail if convicted.
FELONY 4TH DEGREE ASSAULT CHARGES:
Any of the following alleged facts can lead to felony fourth degree assault charges:
- Assault of law enforcement officers: An assault on a police officer is a felony level offense if the assault causes bodily harm or involves the intentional throwing or transferring of bodily fluids at or onto the officer. To be charged, the officer must be carrying out their law enforcement duties when the assault occurs to be charged with felony assault on a police officer. If you are charged with felony 4th degree assault on a police officer, you may be facing up to 3 years in prison and a $6,000 fine.
- Assault of a probation officer or correctional employee: An assault on a probation officer, or prison or jail employee is a felony level offense if the assault causes bodily harm or involves the intentional throwing or transferring of bodily fluids at or onto the officer. To be charged, the person assaulted must be working and on duty when the assault occurs to be charged with felony assault. If you are charged with felony 4th degree assault on a police officer, you may be facing up to 3 years in prison and a $6,000 fine.
- Assault of medical personnel, EMT staff, and firefighters: If the assault is of a physician, nurse, firefighter, emergency medical worker, or other health care service provider in hospital emergency room, and causes bodily harm, you can be charged with a felony assault offense. If charged with 4th degree felony assault against medical or fire staff, you may be facing up to two years in prison and a $4,000 fine.
- Multiple bias motivated assaults: Any bias motivated assaults occurring within 5 years of a previous bias motivated assault can result in felony assault charges. A bias motivated assault is an accusation of assaulting someone because of the person’s race, religion, sex, sexual orientation, age, or disability. The assault does not need to cause bodily harm. If convicted of a felony bias motivated assault, you may be sentenced up to 366 days in prison and ordered to pay a $3,000 fine.
GROSS MISDEMEANOR FOURTH DEGREE ASSAULT CHARGES:
Like felony level fourth degree assault, gross misdemeanor assault charges typically involve an allegation of assaulting a public employee or other class of person that the law calls for greater punishment. If you have been arrested and charged with gross misdemeanor assault. You could face up to one year in jail and a $3,000 fine if convicted.
Some circumstances that can lead to being charged with 4th degree gross misdemeanor assault are as follows:
- Assault of law enforcement officer: Any allegation of an assault on a police officer that does not cause bodily harm;
- Assault of DNR employee: An allegation of assault of a DNR employee who is fighting a forest fire. The assault does not need to cause bodily harm;
- Bias motivated assault: An assault against someone that is motivated by that person’s race, religion, sex, sexual orientation, age, or disability.;
- Assaults on school officials: An assault on a teacher, school administrator, or another employee of a public or private school that causes bodily harm;
- Assault on a public employee: Requires knowledge that the person is a public employee and engaged in their official duties. The assault must also result in bodily harm;
- Assault of a vulnerable adult: The assault must cause bodily harm. In addition, the accused must have known the person was a vulnerable adult.
CONTACT AN EXPERIENCED MINNEAPOLIS CRIMINAL DEFENSE LAWYER BY CALLING 612-747-2254
If you have been accused of fourth degree assault, contact our Minnesota assault defense attorney immediately. Coley J. Grostyan is a Minneapolis based assault lawyer with the knowledge and aggressive, professional representation it takes to successfully defend his clients against assault allegations. Coley Grostyan is always accessible for his clients and promptly responds to inquiries 24 hours a day, 7 days a week. For confidential and professional representation, call Coley Grostyan today at 612-747-2254.
Coley Grostyan defends individuals facing felony and gross misdemeanor 4th Degree assault charges in the Twin Cities of Minneapolis and St. Paul, and throughout Minnesota.