609.221 ASSAULT IN THE FIRST DEGREE.
Subdivision 1.Great bodily harm.
Whoever assaults another and inflicts great bodily harm may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $30,000, or both.
Subd. 2.Use of deadly force against peace officer or correctional employee.
(a) Whoever assaults a peace officer or correctional employee by using or attempting to use deadly force against the officer or employee while the officer or employee is engaged in the performance of a duty imposed by law, policy, or rule may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $30,000, or both.
(b) A person convicted of assaulting a peace officer or correctional employee as described in paragraph (a) shall be committed to the commissioner of corrections for not less than ten years, nor more than 20 years. A defendant convicted and sentenced as required by this paragraph is not eligible for probation, parole, discharge, work release, or supervised release, until that person has served the full term of imprisonment as provided by law, notwithstanding the provisions of sections 241.26, 242.19, 243.05,244.04, 609.12, and 609.135. Notwithstanding section 609.135, the court may not stay the imposition or execution of this sentence.
(c) As used in this subdivision:
(1) "correctional employee" means an employee of a public or private prison, jail, or workhouse;
(2) "deadly force" has the meaning given in section 609.066, subdivision 1; and
(3) "peace officer" has the meaning given in section 626.84, subdivision 1.
This information is not all inclusive, and because of the ever-changing nature of the law, is not guaranteed to be accurate. This information, as well as additional information, is available on the Minnesota Office of the Revisor of Statutes. For more information, or a review of your case, please contact Ascheman & Smith for your free review. Law@AschemanSmith.com 612-217-0077
Fri, January 29, 2010
by Landon Ascheman filed under