Minnesota Statutes

Minn. Stat. § 609.221 (2026)

Assault In The First Degree

✓ current as of May 2026

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Subdivision 1.Great bodily harm.

Whoever assaults another and inflicts great bodily harm may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $30,000, or both.

Subd. 2.Use of deadly force against peace officer, prosecuting attorney, judge, or correctional employee.

Whoever assaults a peace officer, prosecuting attorney, judge, or correctional employee by using or attempting to use deadly force against the officer, attorney, judge, or employee while the person is engaged in the performance of a duty imposed by law, policy, or rule may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $30,000, or both.

Subd. 3.Great bodily harm; peace officer, prosecuting attorney, judge, or correctional employee.

Whoever assaults a peace officer, prosecuting attorney, judge, or correctional employee and inflicts great bodily harm on the officer, attorney, judge, or employee while the person is engaged in the performance of a duty imposed by law, policy, or rule may be sentenced to imprisonment for not more than 25 years or to payment of a fine of not more than $35,000, or both.

Subd. 4.Use of dangerous weapon or deadly force resulting in great bodily harm against peace officer, prosecuting attorney, judge, or correctional employee.

Whoever assaults and inflicts great bodily harm upon a peace officer, prosecuting attorney, judge, or correctional employee with a dangerous weapon or by using or attempting to use deadly force against the officer, attorney, judge, or employee while the person is engaged in the performance of a duty imposed by law, policy, or rule may be sentenced to imprisonment for not more than 30 years or to payment of a fine of not more than $40,000, or both.

Subd. 5.Mandatory sentences for assaults against a peace officer, prosecuting attorney, judge, or correctional employee.

(a) A person convicted of assaulting a peace officer, prosecuting attorney, judge, or correctional employee shall be committed to the custody of the commissioner of corrections for not less than:

(1) ten years, nor more than 20 years, for a violation of subdivision 2;

(2) 15 years, nor more than 25 years, for a violation of subdivision 3; or

(3) 25 years, nor more than 30 years, for a violation of subdivision 4.

(b) A defendant convicted and sentenced as required by this subdivision is not eligible for probation, parole, discharge, work release, or supervised release, until that person has served the full term of imprisonment as provided by law, notwithstanding the provisions of sections 241.26, 242.19, 243.05, 244.04, 609.12, and 609.135. Notwithstanding section 609.135, the court may not stay the imposition or execution of this sentence.

Subd. 6.Definitions.

As used in this section:

(1) "correctional employee" means an employee of a public or private prison, jail, or workhouse;

(2) "deadly force" has the meaning given in section 609.066, subdivision 1;

(3) "peace officer" has the meaning given in section 626.84, subdivision 1;

(4) "prosecuting attorney" means an attorney, with criminal prosecution or civil responsibilities, who is the attorney general, a political subdivision's elected or appointed county or city attorney, or a deputy, assistant, or special assistant of any of these; and

(5) "judge" means a judge or justice of any court of this state that is established by the Minnesota Constitution.

Notes of Decisions

Cited in 195 cases (19 in the last 5 years), 1981–2026 · leading case: State v. Leathers, 799 N.W.2d 606 (Minn. 2011).

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State v. Leathers, 799 N.W.2d 606 (Minn. 2011). · cites it 38× “Steven Dale Leathers was convicted of five counts of first-degree assault against a peace officer, Minn.Stat. § 609.221, subd. 2(a) (2010) (prohibiting a person from assaulting a peace officer by using or attempting to use deadly force while the officer is engaged in a lawful…”

State v. Edwards, 774 N.W.2d 596 (Minn. 2009). · cites it 12× “The State charged Edwards with first-degree assault, in violation of Minn.Stat. §§ 609.221, subd. 1, and 609.05 (2008), and with three counts of drive-by shooting, in violation of Minn.”

State v. Richardson, 670 N.W.2d 267 (Minn. 2003). · cites it 8× “1(1) (2002); two counts of first-degree assault, Minn.Stat. § 609.221, subd. 2 (2002); two counts of kidnapping, Minn.”

State v. Lindsey, 654 N.W.2d 718 (Minn. Ct. App. 2002). · cites it 16× “Minn.Stat. § 609.221, subd. 2(a) (1998). This part of the first-degree assault statute also incorporates by reference the definition in Minn.”

State of Minnesota v. David Muniz Bustos, 861 N.W.2d 655 (Minn. 2015). · cites it 8× “185(e) provides: “[D]omestic abuse” means an act that: (1) constitutes a violation of section 609.221, 609.222, 609.223, 609.224, 609.”

State v. Trei, 624 N.W.2d 595 (Minn. Ct. App. 2001). · cites it 8× “The prosecutor charged Trei with violating several criminal statutes, including Minn.Stat. § 609.221, subd. 2(a) (1998), assault in the first degree.”

State of Minnesota v. Alie Christine Theodore Dorn, 887 N.W.2d 826 (Minn. 2016). · cites it 8× “After a bench trial, the district court convicted Dorn of first-degree assault under Minn. Stat. § 609.221 , subd. 1 (2014) (great bodily harm).”

State v. Jackson, 749 N.W.2d 353 (Minn. 2008). · cites it 4× “2 (2006); and for the heart attack, first-degree assault, Minn.Stat. § 609.221, subd. 1 (2006). At trial, G.”

State v. Fairbanks, 842 N.W.2d 297 (Minn. 2014). · cites it 6× “2(a) (2012); four counts of first-degree assault, Minn. Stat. § 609.221 , subd. 2(a) (2012); two counts of second-degree assault, Minn.”

State of Minnesota v. Jaimiah Lamar Irby, 848 N.W.2d 515 (Minn. 2014). · cites it 8× “under Minn. Stat. §§ 609.221 , subd. 1, 609.222, subd.”

State v. Rourke, 773 N.W.2d 913 (Minn. 2009). · cites it 4× “*916 Rourke pleaded guilty to first-degree assault, Minn.Stat. § 609.221, subd. 1 (2008) (prohibiting a person from assaulting another and inflicting great bodily harm).”

State v. Reiners, 664 N.W.2d 826 (Minn. 2003). · cites it 4× “The state charged Reiners with assault in the first degree, a violation of Minn.Stat. § 609.221, subd. 1 (2002). Reiners' case went to trial on March 26, 2001.”

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