What Happens With a 2nd Degree Assault Under Minnesota Law?

Minnesota Statute 609.222 defines assault in the second degree as occurring when a person "assaults another with a dangerous weapon." The punishment for this crime is imprisonment for up to seven years and/or a fine of up to $14,000. However, Subdivision 2 of the statute provides that, if "substantial bodily harm" is inflicted, the penalty increases to imprisonment for up to 10 years, a fine of up to $20,000 or both.

Pretrial

As in the case of any other criminal offense, the accused must be indicted and arraigned before any trial can take place. Since second degree assault is a felony, the accused will likely be arrested before, or upon, indictment, and bail will be set at the arraignment. Upon being arraigned, the accused will be asked to plea. A plea of not guilty will result in a trial and a guilty plea will result in a sentencing hearing before the judge without a trial.

Trial

What happens at trial is largely governed by the Constitution of the State of Minnesota. The trial typically must occur in the district where the alleged offense was committed, before a jury of 12 jurors. The accused will be faced with all evidence and witnesses against him, and will be given the ability to compulsorily obtain and present evidence and witnesses in his favor. The accused cannot be forced to give testimony against himself; and if he so desires, must be represented by an attorney. Unless the trial results in a mistrial, the jury will have two choices: if the evidence and testimony leaves a reasonable doubt as to whether or not the accused committed the alleged offense, they must acquit the accused; if the evidence and testimony removes any such doubt, they must convict the accused.

Post-Trial

If the accused is convicted or acquitted, or pleads guilty, he may never again be indicted for that particular alleged offense. If he is acquitted, he is free and, as far as the state is concerned, committed no crime. If he plead guilty or is convicted, he will be given a hearing for sentencing, during which the court will take into account mitigating and aggravating circumstances. Considering those circumstances, the court may, at its discretion, sentence the accused to as little as a suspended sentence, or to as much as the maximum sentence.

Consequences of Conviction or a Guilty Plea

The consequences of being convicted of a felony can be fairly profound. Until pardoned or restored to civil rights, persons who have plead or been found guilty of a felony cannot vote or hold public office in Minnesota. In fact, the very act of voting between the time of conviction and restoration to civil rights is itself a felony. For 10 years following their conviction or plea, they are unable to register business franchises,or work a wide variety of jobs. Persons convicted of or who plead guilty to a violent felony cannot own firearms.

References

• Minnesota Office of the Revisor of Statutes: 609.222, 2010 Minnesota Statutes
• Minnesota Office of the Revisor of Statutes: 631 - Criminal Trial; Conviction; Sentence, 2010 Minnesota Statutes
• Minnesota Constitution: Article I
• Minnesota Office of the Revisor of Statutes: 609B - Collateral Sanctions, 2010 Minnesota Statutes
• Minnesota Office of the Revisor of Statutes: 609.165, 2010 Minnesota Statutes