What are the legal definitions and typical penalties for third‑degree assault in Minnesota?

1. Statutory text: what the statute actually says

The statutory starting point is Minn. Stat. § 609.223: “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,” language that establishes third‑degree assault as a felony where substantial bodily harm is proved ^[1]. The statute is explicit that third‑degree assault also includes specific child‑related scenarios described in separate subdivisions, so the core statutory definition is narrow but supplemented elsewhere in the same section ^[1].

2. Three statutory routes to a third‑degree charge

Court and practice guides summarize § 609.223 as creating three primary ways to be charged with third‑degree assault: assault resulting in substantial bodily harm; assault of a minor where the defendant has engaged in a past pattern of child abuse against that minor; and assault of a child under age four that causes certain types of injury (head/eyes/neck or multiple bruises) — the same breakdown repeated in defense and legal‑help materials ^{[4] [5] [3]}.

3. “Substantial bodily harm” — statutory term, practical examples

The statute does not catalogue every injury that meets the phrase “substantial bodily harm,” but legal commentary and defense sites routinely describe it as injuries more serious than transient or minor pain — for example, broken bones or other injuries with lasting effect — and prosecutors will view such harm as the statutory gateway to felony exposure ^{[6] [5]}. Sources emphasize that whether an injury is “substantial” is a fact question for prosecutors, experts, and ultimately triers of fact ^{[6] [5]}.

4. Penalties: statutory maxima versus typical sentences

The statutory maximum penalty for third‑degree assault is up to five years’ imprisonment and a fine up to $10,000 ^{[1] [2]}. Multiple law‑firm explanations note that, because third degree is a felony, Minnesota’s sentencing guidelines and the defendant’s criminal history strongly influence the actual sentence and that probation or shorter terms are common outcomes depending on guidelines scores and plea bargaining ^{[3] [2]}. Legal resources also stress that enhancements (e.g., bias motivation) or overlapping statutes can increase exposure, while mitigation and plea options can reduce it ^[2].

5. How charging and advocacy shape “typical” penalties — and possible agendas

Local prosecutor offices decide when to charge § 609.223 versus a lesser or greater degree, and defense counsels emphasize that charging decisions often hinge on evidentiary strength, the victim’s injuries, and policy priorities in a given county ^{[4] [7]}. Sources used here include defense‑oriented law firm pages and criminal‑defense guides that naturally emphasize defenses, sentencing variability, and the possibility of probation — an implicit agenda to encourage people to seek counsel and to avoid panic about statutory maxima ^{[4] [6] [5]}. Conversely, statutory text and general prosecution materials underscore public‑safety rationales behind felony classification when injuries are significant ^{[1] [2]}.

6. Limits of available reporting and practical takeaways

The record here is anchored to the statute and to practitioner summaries; it does not attempt to state how often five‑year sentences are imposed in specific jurisdictions — that empirical question requires sentencing data not provided in these sources ^{[1] [2]}. The reliable takeaways are statutory: third‑degree assault is a felony when substantial bodily harm occurs or in enumerated child‑abuse contexts, with a five‑year/$10,000 statutory ceiling, and realistic outcomes depend on charging decisions, sentencing guidelines, plea bargaining, and case facts ^{[1] [3] [2]}.