Here's Minnesota's statute:
Assault 5
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 (Key word there)
(2) intentionally inflicts or attempts to inflict bodily harm upon another.
It would likely be the lowest form of assault UNLESS the victim breaks a bone due to his behavior then it ups the ante a bit in MN anyway:
Then it would bump up to Assault 3 and I think that would be a felony.
Subdivision 1.Substantial bodily harm. Whoever assaults another and inflicts substantial bodily harm 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.
Definition of Substantial Bodily Harm: Subd. 7a.Substantial bodily harm. "Substantial bodily harm" means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member.
Definition of Felony: Subd. 2.Felony. "Felony" means a crime for which a sentence of imprisonment for more than one year may be imposed.
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It's like Deja Vu all over again
Last edited by johnnyg08; Wed Apr 11, 2012 at 07:50pm.
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