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Subdivision 1.Misdemeanor.
Whoever does any of the following commits an assault and is guilty of a misdemeanor:
(1) commits an act with intent to cause fear in another of immediate bodily harm or death; or
(2) intentionally inflicts or attempts to inflict bodily harm upon another.
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Subd. 2.Gross misdemeanor.
(a) Whoever violates the provisions of subdivision 1 against the same victim within ten years of a previous qualified domestic violence-related offense conviction or adjudication of delinquency is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both.
(b) Whoever violates the provisions of subdivision 1 within three years of a previous qualified domestic violence-related offense conviction or adjudication of delinquency is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both.
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Subd. 3.Firearms.
(a) When a person is convicted of a violation of this section or section 609.221, 609.222, or 609.223, the court shall determine and make written findings on the record as to whether:
(1) the defendant owns or possesses a firearm; and
(2) the firearm was used in any way during the commission of the assault.
(b) Except as otherwise provided in section 609.2242, subdivision 3, paragraph (c), a person is not entitled to possess a pistol if the person has been convicted after August 1, 1992, of assault in the fifth degree if the offense was committed within three years of a previous conviction under sections 609.221 to 609.224, unless three years have elapsed from the date of conviction and, during that time, the person has not been convicted of any other violation of this section. Property rights may not be abated but access may be restricted by the courts. A person who possesses a pistol in violation of this paragraph is guilty of a gross misdemeanor.
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Subd. 4.Felony.
(a) Whoever violates the provisions of subdivision 1 against the same victim within ten years of the first of any combination of two or more previous qualified domestic violence-related offense convictions or adjudications of delinquency is guilty of a felony and may be sentenced to imprisonment for not more than five years or payment of a fine of not more than $10,000, or both.
(b) Whoever violates the provisions of subdivision 1 within three years of the first of any combination of two or more previous qualified domestic violence-related offense convictions or adjudications of delinquency is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
Notes of Decisions
Cited in
129
cases (
16 in the last 5 years), 1981–2026 · leading case:
Boutin v. LaFleur, 591 N.W.2d 711 (Minn. 1999).
Boutin v. LaFleur, 591 N.W.2d 711 (Minn. 1999).
· cites it 8× “223 (1998), and one count of misdemeanor assault in the fifth degree in violation of Minn.Stat. § 609.224, subd. 1(1) and (2) (1998) as the result of an incident involving his girlfriend.”
State of Minnesota v. Thomas Raymond Struzyk, 869 N.W.2d 280 (Minn. 2015).
· cites it 4× “2231, subdivision 1, to be synonymous with the definition of fifth-degree assault-harm in Minn. Stat. § 609.224 , subd. 1 (2014), and thus focus their arguments on an act that “attempts to inflict bodily harm” or “intentionally inflicts .”
State v. Fuller, 374 N.W.2d 722 (Minn. 1985).
· cites it 4× “On March 14, 1983, defendant was charged in county court with three misdemeanors: assault in the fifth degree, Minn. Stat. § 609.224 , subd. 2 (1984), criminal damage to property, Minn.”
State v. Johnson, 813 N.W.2d 1 (Minn. 2012).
· cites it 4× “2 (2010) (prohibiting a person from assaulting a family or household member by strangulation), and misdemeanor fifth-degree assault in violation of Minn.Stat. § 609.224, subd. 1(2) (2010) (prohibiting a person from intentionally inflicting or attempting to inflict bodily harm on…”
State v. Stanifer, 382 N.W.2d 213 (Minn. Ct. App. 1986).
· cites it 8× “Minn.Stat. § 609.224 (1984). "Bodily harm" is defined as "physical pain or injury, illness, or any impairment of physical condition.”
State v. McFee, 721 N.W.2d 607 (Minn. 2006).
· cites it 4× “2005) (requiring adjudicated delinquents to register as predatory offenders); Minn.Stat. § 609.224, subds. 2, 4 (2004) (enhancing fifth degree assault to gross misdemeanor or felony based on previous adjudications of delinquency); Minn.”
State v. Kelley, 734 N.W.2d 689 (Minn. Ct. App. 2007).
· cites it 6× “10 (2004); Minn.Stat. § 609.224, subd. 1 (2004) (defining misdemeanor assault).”
State v. Johnson, 773 N.W.2d 81 (Minn. 2009).
· cites it 6× “Here, the State claimed Johnson’s prior conduct was fifth-degree assault, Minn.Stat. § 609.224 (2008), under the domestic and child abuse murder statutes, or malicious punishment of a child, MinmStat.”
State v. Swinger, 800 N.W.2d 833 (Minn. Ct. App. 2011).
· cites it 4× “1 (2008); one count *836 of fifth-degree assault in violation of Minn. Stat. § 609.224 , subds. 1(1), 4(b) (2008) (intent to cause fear of immediate bodily harm); and one count of fifth-degree assault in violation of Minn.”
United States v. Ker Yang, 799 F.3d 750 (7th Cir. 2015).
· cites it 3× “224 can be violated in a number of ways: as a misdemeanor, as a “gross misdemeanor,” or as a felony. Using the same documents consulted to determine the overall statute of conviction — those permitted by the modified categorical approach — it is easy to find that Yang’s…”
— Minn. Stat. § 609.224(1) — 2 cases
United States v. Ker Yang, 799 F.3d 750 (7th Cir. 2015).
“224 can be violated in a number of ways: as a misdemeanor, as a “gross misdemeanor,” or as a felony. Using the same documents consulted to determine the overall statute of conviction — those permitted by the modified categorical approach — it is easy to find that Yang’s…”
— Minn. Stat. § 609.224(2) — 2 cases
— Minn. Stat. § 609.224(4) — 1 case
United States v. Ker Yang, 799 F.3d 750 (7th Cir. 2015).
“224 can be violated in a number of ways: as a misdemeanor, as a “gross misdemeanor,” or as a felony. Using the same documents consulted to determine the overall statute of conviction — those permitted by the modified categorical approach — it is easy to find that Yang’s…”
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