A Minnesota Criminal Defense Attorney Explains the Serious Penalties Under Statute § 609.597
In a chaotic moment, everything changed. Perhaps you were in a large crowd—a protest, a street festival, or post-game celebrations in downtown Minneapolis—when mounted police moved in to establish control. In the confusion, you made contact with a police horse. Maybe you pushed it, threw something in its direction, or simply reacted instinctively when the massive animal came too close. You never intended to cause serious harm, but now you’re facing a criminal charge that sounds archaic and bizarre: Assaulting or Harming a Police Horse. You might feel that the charge is a ridiculous overreaction, but to the state of Minnesota, it is no joke.
You didn’t plan to be in this position, navigating a statute that carries penalties ranging from a misdemeanor to a serious felony. The prosecution will not see you as someone caught up in a confusing situation; they will paint you as a dangerous person who attacked a symbol of law and order, endangering not only the animal but the officer riding it and the public at large. They will use the emotional weight of this unique charge to seek the harshest possible penalties, regardless of your actual intentions.
You do not have to let their story become your reality. I am a Minnesota criminal defense attorney who understands how quickly a chaotic situation can be twisted into a serious criminal accusation. I have defended clients in courtrooms across the state, from St. Paul and Rochester to Duluth and the suburbs of Hennepin County. I know that there are two sides to every story, and I am here to make sure yours is heard. You don’t have to face this intimidating charge alone. Your defense begins with understanding what you’re up against.
What “Assaulting or Harming a Police Horse” Actually Means in Minnesota
In Minnesota, a charge for Assaulting or Harming a Police Horse under Statute § 609.597 is designed to protect law enforcement animals as critical assets. The law is incredibly broad, covering any action that either “assaults” or “intentionally harms” a horse being used for police duties. An “assault” in Minnesota can be an act intended to cause fear of harm, or the intentional infliction of bodily harm. “Intentionally harms” means it was your conscious purpose to injure the animal. This means you can be charged for actions that don’t even physically touch the horse, such as lunging at it in a threatening way, or for actions that cause any level of physical injury.
What truly elevates this offense is the tiered penalty system. The severity of the charge you face—and whether it’s a misdemeanor, gross misdemeanor, or felony—depends entirely on the result of your actions. Did the horse suffer an injury? Did the officer get thrown from the saddle? Did another person in the crowd get hurt as a consequence? Facing a Minnesota accusation for harming a police horse is uniquely dangerous because your legal fate is tied not just to your own actions, but to a chain of events that may have been entirely outside of your control.
Minnesota Law on Assaulting a Police Horse — Straight from the Statute
To fight back against your charge, you must first understand the specific law the state is using against you. The language of the statute is the prosecution’s playbook, and it’s where we will find the exact elements they must prove to convict you. If they fail to prove any part of this law beyond a reasonable doubt, their case against you must fail.
The controlling law is Minnesota Statute § 609.597, Assaulting or Harming a Police Horse; Penalties. The core of the offense is defined in Subdivision 2, with the penalties detailed in Subdivision 3.
Subdivision 2. Crime. Whoever assaults or intentionally harms a police horse while the horse is being used or maintained for use by a law enforcement agency, or while under the control of a reserve officer who is operating at the direction of, under the control of, or on behalf of a peace officer or a law enforcement agency, is guilty of a crime and may be sentenced as provided in subdivision 3.
Breaking Down the Legal Elements of the Crime in Minnesota
For the prosecution to convict you of violating § 609.597, they must prove a set of core elements beyond a reasonable doubt. The penalty may vary based on the outcome, but the fundamental crime requires the state to prove your actions and your state of mind. Our defense strategy begins by dissecting and challenging these elements.
- The Act: An Assault or Intentional Harm The prosecutor must first prove you committed a specific act. This can be an “assault,” which under Minnesota law can be either an act done with the intent to cause fear of immediate bodily harm, or the intentional infliction of bodily harm. Alternatively, they can prove you “intentionally harmed” the horse. This covers a wide range of conduct, from striking the horse with your hand or an object, to throwing something at it, or even spooking it in a way that causes it to react dangerously. Your actions must be voluntary and not the result of being pushed or stumbling accidentally.
- The Subject: A Police Horse on Duty The state must prove that the horse in question was a “police horse” as defined by law—meaning it was trained for and being used to assist law enforcement. This also includes horses being maintained for use, not just those actively on patrol. If the animal was simply a privately-owned horse that an officer happened to be near, the statute does not apply. The horse must be an official asset of a law enforcement agency, and you must have had reason to know this based on the circumstances (e.g., the officer’s uniform, the horse’s tack).
- The Mindset: Intent This is a critical battleground. The prosecutor has to prove you acted intentionally. This means your action was not an accident. If you were being pushed by a crowd and accidentally stumbled into the horse, you did not act with intent. If you threw a water bottle toward a line of officers and it inadvertently hit a horse, the state may struggle to prove you specifically intended to harm or assault the animal. Your defense will often hinge on demonstrating that your actions, even if they occurred, were not accompanied by the criminal state of mind the law requires.
Penalties for a Conviction in Minnesota Can Be Severe
Do not make the mistake of thinking this is a minor offense. The penalties for assaulting or harming a police horse are structured in a ladder, where the consequences escalate dramatically based on the resulting harm. You could be facing anything from a simple misdemeanor to a multi-year prison sentence for the same initial act.
Felony – Highest Severity
This is the most serious level, charged when your actions have catastrophic consequences.
- Resulting in Great Bodily Harm or Death to a Person: If an officer or any other person suffers severe injury or dies as a result of your actions (e.g., the horse bolts and tramples someone), you face up to 5 years in prison and/or a $10,000 fine.
- Resulting in Death or Great Bodily Harm to the Horse, OR Demonstrable Bodily Harm to an Officer: If the horse is killed or severely injured, or if the officer suffers a visible injury (e.g., a broken bone), you face up to 2 years in prison and/or a $4,000 fine.
- Resulting in Demonstrable Bodily Harm to the Horse: If the horse suffers a visible, non-critical injury (e.g., a cut or serious bruise), you face up to 1 year and 1 day in prison and/or a $3,000 fine.
Gross Misdemeanor
This is a serious misdemeanor charge.
- Resulting in an Officer Being Unseated OR Demonstrable Bodily Harm to Another Person: If the officer is thrown from the horse, or if another citizen suffers a visible injury, you face up to 364 days in jail and/or a $3,000 fine.
Misdemeanor
This is the baseline charge for any other violation of the statute where no specific, heightened harm occurs.
- Any Other Violation: If you assault or harm the horse but none of the above results occur, you face up to 90 days in jail and/or a $1,000 fine.
What This Looks Like in Real Life — Common Scenarios in Minnesota
This charge almost always arises from chaotic, high-energy situations where interactions with mounted police occur. A single, impulsive act can trigger a wide range of potential charges.
The Protest in St. Paul
You’re at a large protest near the State Capitol in St. Paul. Mounted police form a line to move the crowd. Feeling cornered and angry, you throw a plastic water bottle toward the police line. It bounces off a horse’s flank. The horse is startled but uninjured, and no one is hurt. In this scenario, you could be charged with a misdemeanor for the basic act of intentionally assaulting the horse.
The Post-Game Celebration in Minneapolis
After a major sports victory, crowds are celebrating in the streets of downtown Minneapolis. Things get rowdy, and mounted police are present. You reach out and slap the rear of a police horse as a foolish prank. The horse bolts, throwing its rider. The officer breaks their wrist in the fall. Now, your single act has escalated to a felony, as an officer suffered “demonstrable bodily harm.”
The Confrontation at a Street Festival
You are at a crowded summer festival in a city like Rochester or Duluth. You’ve had too much to drink and get into an argument with an officer on horseback. You lunge at the horse, grabbing its reins. The horse rears up in fear, striking another festival-goer with its hoof and causing a serious leg injury. Your actions have now caused “great bodily harm” to another person, exposing you to the most severe felony penalty under the statute.
The Unintentional Interference
You are trying to navigate a dense crowd in Bloomington and are being pushed from behind. You stumble forward and collide with the side of a police horse. The horse sidesteps, causing its rider to momentarily lose balance. Although your contact was completely accidental, an aggressive officer might perceive it as an intentional act, leading to an arrest and forcing you to prove your lack of intent in court.
Legal Defenses That Might Work Against Your Charge
Just because you have been charged with this crime does not mean you will be convicted. The prosecution’s case often hinges on subjective interpretations of your actions and intent during a chaotic event. A thorough defense attorney can dismantle their narrative piece by piece. There are many powerful defenses to assaulting or harming a police horse in Minnesota.
My approach is to aggressively challenge the state’s evidence and story. Were you misidentified in the crowd? Was your contact with the horse truly accidental? Did you even have the criminal intent the law requires? We will scrutinize every detail, from body camera footage to witness statements, to build a defense designed to protect your freedom and your future.
Defense 1: Lack of Intent
This is the cornerstone of most defenses under this statute. The state must prove you intentionally assaulted or harmed the horse. If your actions were accidental or reflexive, you are not guilty.
- Accidental Contact: We will argue that any contact was unintentional. This is especially powerful in crowd situations where pushing and jostling are common. We can use witness testimony and video evidence to show that you were pushed, you stumbled, or you were simply trying to get out of the way and made accidental contact.
- No Intent to Cause Fear or Harm: Perhaps you touched the horse not to harm it, but out of curiosity or in a misguided attempt to calm it. While ill-advised, this is not the same as having the criminal intent to cause fear or injury. We will work to establish your true, non-criminal state of mind at the time of the incident.
Defense 2: Misidentification
In a large, chaotic crowd, it is very easy for an officer to mistake one person for another. If the state cannot definitively prove that you were the person who committed the act, they cannot convict you.
- Inconclusive Video Evidence: Police body cameras and surveillance videos are often shaky, grainy, and may not provide a clear view of the incident or the person involved. We will analyze all available footage to highlight inconsistencies and argue that you cannot be positively identified.
- Unreliable Eyewitness Testimony: Eyewitnesses in stressful situations are notoriously unreliable. We can challenge the testimony of officers or other witnesses by pointing out their limited vantage point, the chaotic environment, and the potential for bias or mistake.
Defense 3: Self-Defense or Defense of Others
While difficult, this defense may apply in rare circumstances. If the police horse was acting in a way that put you or another person in imminent danger of serious bodily harm, you may have been justified in taking action to protect yourself.
- Uncontrolled Animal: If the horse was out of the officer’s control and was actively trampling or charging at people, an act of pushing it away could be argued as a necessary defensive measure.
- Reasonable Force: The force you used must have been reasonable under the circumstances. We would need to present compelling evidence that you were facing a genuine threat and had no other choice but to react as you did to prevent serious injury.
Defense 4: Challenging the “Resulting Harm”
While this won’t defeat the underlying charge, it can be critical for reducing the penalty from a felony to a misdemeanor. The prosecution has the burden of proving the specific level of harm that resulted from your action.
- No “Demonstrable” Harm: We can challenge the state’s claim that the horse or a person suffered “demonstrable bodily harm.” This requires visible proof of injury, not just a subjective claim of pain. We can use veterinary records or medical expert testimony to argue that no actual, provable injury occurred.
- Breaking the Chain of Causation: We can argue that while you may have committed a minor act, the ultimate result (like an officer being unseated) was caused by something else—the horse being poorly trained, other crowd factors, or the officer’s own mistake. We will fight to show that your specific action did not directly cause the severe outcome the state is blaming you for.
Minnesota Police Horse Assault FAQs — What You Need to Know Now
Will I go to jail for assaulting a police horse in Minnesota?
It is a very real possibility, especially if you are charged with a felony or gross misdemeanor level of the offense. A conviction for the most serious version of this crime carries a potential five-year prison sentence. An experienced attorney’s job is to fight to avoid jail time through a dismissal, acquittal, or negotiation for a lesser charge.
Can a charge for harming a police horse be dismissed?
Yes. A dismissal is always the primary goal. If we can successfully prove a lack of intent, misidentification, or a violation of your constitutional rights by the police, it is possible to get the case dismissed entirely.
Do I need a lawyer for this charge, even if it’s “just” a misdemeanor?
Absolutely. A misdemeanor conviction still leaves you with a permanent criminal record. Furthermore, what starts as a misdemeanor charge can easily be upgraded by the prosecutor if they later claim to have discovered evidence of greater harm. You need a lawyer immediately to lock in your defense and prevent the situation from getting worse.
How long will this stay on my record in Minnesota?
A criminal conviction is permanent unless you successfully petition for an expungement. The waiting periods are long—two years for a misdemeanor, four for a gross misdemeanor, and at least five for a felony, starting after you complete your sentence. It’s far better to prevent the conviction in the first place.
What if I was just drunk and being stupid?
Voluntary intoxication is generally not a defense to a crime in Minnesota. However, your state of mind can be relevant to whether you formed the specific “intent” to harm or assault the horse. We can use it as part of a broader defense strategy to argue that your actions were reckless, not intentional.
What counts as “great bodily harm” to a horse or person?
“Great bodily harm” is a legal term for a very serious injury. It means an injury that creates a high probability of death, causes serious permanent disfigurement, or causes a permanent or long-term loss or impairment of the function of a limb or organ.
What is “demonstrable bodily harm”?
“Demonstrable bodily harm” means an injury that can be seen or otherwise proven to exist. It’s more than just a subjective complaint of pain. Think of a visible cut, a significant bruise, or a sprain diagnosed by a doctor.
What if I was acting in self-defense against the officer, not the horse?
Self-defense against a police officer is an extremely narrow and difficult defense to assert. You would have to show you were facing an imminent threat of unlawful and severe harm from the officer. However, if such circumstances existed, they would be a core part of your defense against all related charges.
Can I be charged if the horse wasn’t injured?
Yes. The base-level offense can be an “assault,” which can simply be an act intended to cause fear of harm. If you lunge at the horse or swing at it and miss, you can still be charged with a misdemeanor even if no contact is made and no one is hurt.
What if I didn’t know it was a police horse?
This could be a defense, although it may be difficult to prove. In most scenarios, the context—the officer’s uniform, the specialized tack on the horse, the crowd control situation—makes it clear that it’s a police horse. However, in an unusual situation, arguing a lack of knowledge could be viable.
Can I be forced to pay for the horse’s vet bills?
Yes. If you are convicted, the court will almost certainly order you to pay restitution for any costs resulting from the crime. This can include veterinary bills, the cost of retraining the horse, or even the cost of replacing the horse if it is killed or can no longer serve.
What if I was pushed by the crowd into the horse?
This is a strong defense. A criminal act must be voluntary. If your contact with the horse was the direct result of being pushed or shoved by other people, you did not act with criminal intent and should not be found guilty.
Will a conviction affect my right to own a gun?
Yes. If you are convicted of any of the felony-level versions of this crime, you will be permanently banned from possessing a firearm in Minnesota. A gross misdemeanor conviction can also lead to at least a temporary loss of your firearm rights.
What’s the difference between this and general animal cruelty?
This statute is specific to police horses and carries a unique, tiered penalty structure based on the harm to the horse, the officer, and the public. General animal cruelty laws under Chapter 343 apply to other animals and have different elements and penalties.
Should I apologize to the police or make a statement?
No. Do not speak to the police without an attorney. Your apology will be used as a confession of guilt. Your explanations will be used to prove your intent. Politely invoke your right to remain silent and your right to an attorney.
What a Conviction Could Mean for the Rest of Your Life
The consequences of a conviction under this statute extend far beyond the courtroom. A criminal record, especially for a crime that can be portrayed as an attack on law enforcement, can permanently damage your future.
The Stain of a Criminal Record
Every time you apply for a job, a loan, or an apartment, you will likely have to answer for this conviction. Employers may see the charge and label you as violent, unstable, or anti-authority, and choose another candidate with a clean record. This is especially true for the felony-level offenses.
Loss of Your Civil Rights
A felony conviction will strip you of your right to vote until you have completed your sentence, including probation. More significantly, it will result in a lifetime ban on your right to own or possess a firearm, a fundamental civil liberty that you will not be able to restore.
Barriers to Housing and Education
Landlords frequently deny rental applications from individuals with criminal records, especially for crimes that sound violent. A conviction could make finding safe, stable housing incredibly difficult. It can also be a barrier to admission to college or graduate programs, limiting your educational and career opportunities.
Immigration Consequences
For any non-U.S. citizen, a conviction for a crime of this nature can be a disaster. It could be deemed a “crime involving moral turpitude” or an aggravated felony, which can lead to deportation, denial of naturalization, or being barred from re-entering the United States, regardless of your legal status.
Why You Need a Tough, Experienced Minnesota Criminal Defense Attorney
When you are facing a charge as serious and emotionally charged as this one, you cannot afford to go it alone. You are up against the full power of the state, and you need a dedicated advocate in your corner who will fight for you every step of the way.
The Undivided Attention of a Private Lawyer
Public defenders are committed professionals, but they are often swamped with hundreds of cases. They simply do not have the time or resources to give your case the deep, personalized attention it deserves. As your private attorney, your case is my mission. I will immerse myself in the details, take your calls, answer your questions, and craft a defense strategy tailored to your unique situation. You are not a case number to me; you are my client.
The Critical Advantage of Acting Fast
The time immediately following an arrest is the most critical phase of a criminal case. By hiring an attorney right away, you give me the chance to get involved early, preserve crucial evidence like witness contact information or bystander video, and potentially influence the prosecutor’s charging decision before it’s set in stone. A proactive defense is always more effective than a reactive one.
Navigating Minnesota’s Local Courts
The legal system is not one-size-fits-all. A strategy that works in Hennepin County may not be the best approach in Ramsey or St. Louis County. I have experience defending clients in courtrooms across Minnesota. I know the local prosecutors, judges, and procedures. This on-the-ground knowledge is a powerful tool that allows me to anticipate challenges and build the most effective defense for the specific court where your case will be heard.
A Commitment to Achieving the Best Possible Result
My goal is not just to get you through the system; my goal is to win. I prepare every case as if it is going to trial. This meticulous preparation shows the prosecutor we are ready for battle and often forces them to offer a much better resolution—a dismissal, a reduction to a lesser charge, or an outcome that keeps your record clean. Whether through skilled negotiation or a hard-fought trial, I am relentlessly focused on achieving the best possible result for you.