Assault with a dangerous weapon (also known as aggravated assault) is a serious crime in Minnesota. The penalties for this charge are severe and can include jail time, fines, and a criminal record that may follow you for years.
But what if the weapon used in the commission of the crime wasn’t so deadly in reality? What if you just created something to look like a dangerous weapon, but it was actually a fake? Can you still face assault charges?
In order to learn the answer, you need to understand what constitutes assault with a dangerous weapon in our state and what the legal consequences are if you find yourself charged with this crime.
What Is Assault with a Deadly Weapon in MN?
In the state of Minnesota, assault with a dangerous weapon is defined in section 609.222 of the Minnesota Statutes.
This statute states that it is illegal to “commit an act which is intended to cause fear in another of immediate bodily harm or death… when accompanied by the apparent ability to do so; or intentionally inflicts or attempts to inflict bodily harm upon another” while using or displaying any dangerous weapon.
This includes firearms, knives, explosives, cars, and any other instrument that can be used to injure someone else.
The Penalties for Assault with a Deadly Weapon in Minnesota
The penalties for assault with a dangerous weapon can vary depending on the facts of the case and whether any aggravating factors were involved. These can include previous convictions for similar offenses or the use of drugs or alcohol at the time of the offense.
Generally speaking, those convicted may face up to seven years in prison and/or fines up to $14,000. Additionally, those convicted may have their driver’s license suspended or revoked for up to three years and may be required to register as a violent offender for ten years after they are released from prison.
What Happens If the Weapon Used Is Fake?
The fact that an alleged “weapon” was fake does not necessarily mean that charges will be dropped altogether. The critical factor in these situations is whether or not the defendant acted recklessly during this incident.
Under section 325F.81 of the Minnesota Statutes, it is illegal to threaten someone with an object made out of either real or imitation materials while intending that person to believe it was capable of causing them serious bodily harm or death. If found guilty under this charge, one could face up to five years imprisonment and/or fines up to $10,000 dollars, depending on aggravating factors mentioned above.
A Fake Weapon in Minnesota Does Not Mean Fake Charges
As you can see, even if the “weapon” used was not actually real, that doesn’t mean your charges will be, and you need to take them seriously. Why? Because facing conviction carries long-term consequences both personally and professionally.
Suppose you are up against charges related to aggravated assault in Minnesota. In that case, your best bet at getting a favorable result in your case is to reach out to a knowledgeable criminal defense attorney who has experience handling these kinds of charges.
About the Author:
Christopher Keyser is an AV-Preeminent rated criminal and DWI defense attorney based in Minneapolis who is known for fighting aggressively for his clients and utilizing innovative tactics to get the most positive results. He has been featured in numerous media outlets due to the breadth and depth of his knowledge and has been named a Certified Specialist in Criminal Law by the Minnesota Bar Association. Mr. Keyser is Lead Counsel rated, and he has received recognition for his criminal law work from Avvo, Expertise, Super Lawyers, The National Trial Lawyers, and more.
