Minnesota Statute
Under Minnesota law, fifth-degree assault is defined as committing an act with intent to cause fear in another of immediate bodily harm or death, or intentionally inflicting or attempting to inflict bodily harm upon another. It is the lowest level assault offense.
A fifth-degree assault conviction is usually a misdemeanor, punishable by up to 90 days in jail or a $1,000 fine. If the offender has prior qualified domestic-violence-related convictions, the offense can escalate to a gross misdemeanor (up to 364 days jail) or even a felony (up to 5 years imprisonment and a $10,000 fine).
Prosecutors generally try to show either: (1) you intended to cause fear of immediate bodily harm or death, or (2) you intentionally inflicted or attempted to inflict bodily harm.
Cases often turn on context: who started the confrontation, whether there was a reasonable fear, credibility of witnesses, and whether any injury was documented or medically supported.
A first offense is typically a misdemeanor. Prior qualified domestic-violence-related convictions, alleged strangulation, or a no-contact-order context can enhance the charge to gross misdemeanor or felony. Collateral issues can include no-contact orders, firearm disability questions, and immigration exposure.
We connect you with counsel who regularly appears on these calendars. Expect a plan to address no-contact orders, gather video and messages, and pursue dismissal or negotiated outcomes where facts support it.