5th Degree Assault

5th Degree Assault

What Is 5th Degree Assault in Minnesota?

5th degree assault is basically a common fight. It can also involve intimidation or threats. Under Minn. Stat. § 609.224, a person commits assault in the fifth degree by committing an act with intent to cause fear in another of immediate bodily harm or death, or by intentionally inflicting or attempting to inflict bodily harm upon another.

It is a misdemeanor-level offense, carrying a maximum penalty of 90 days in jail and/or a fine of $1,000. A simple assault can be enhanced to a gross misdemeanor when the offense involves the same alleged victim within 10 years of a previous qualified domestic violence-related offense conviction or adjudication of delinquency. It can also be enhanced to a gross misdemeanor if the offense occurs within three years of a previous qualified domestic violence-related offense conviction or adjudication, even if it is not the same alleged victim. A gross misdemeanor 5th degree assault carries a maximum penalty of 364 days in jail and/or a fine of $3,000.

There are also felony enhancement provisions under the statute. A 5th degree assault can be charged as a felony if the offense involves the same alleged victim within 10 years of the first of any combination of two or more previous qualified domestic violence-related offense convictions or adjudications of delinquency. It can also be charged as a felony if the offense occurs within three years of the first of any combination of two or more previous qualified domestic violence-related offense convictions or adjudications. A felony 5th degree assault carries a maximum penalty of five years in prison and/or a fine of $10,000.

What Defenses Are Available to a 5th Degree Assault Charge?

There are a number of defense possibilities available, all of which are dependent upon the circumstances of the case. This is why it is critical to hire a Minnesota assault attorney who will develop a personalized legal strategy, tailored to your case.

One of the more common defenses is self-defense, where the alleged victim was the initial aggressor and you only used enough reasonable force to stop the aggressor. One significant benefit of the self-defense claim is that the State carries the burden of proving you were not acting in self-defense.

Other common defenses include, but are not limited to, defense of others, similar to self-defense, but you are protecting a family member or close friend, defense of property, consent, necessity, intoxication, and alibi.

Beyond raising these common defenses, any good Minnesota assault attorney will investigate the allegations, hire an investigator if necessary, and figure out just how compliant the complaining victim is to the State. If witnesses are unavailable, the State’s case becomes exponentially weaker.

It is critical that you contact us now to get us started on your defense right away. Any assault conviction can lead to devastating consequences. You need a Minnesota assault attorney who is Not Always Minnesota Nice fighting for you, contact us now.

Case Results

To see just how successful our approach is, here are some representative case results:

State v. W.K.

Charges: Obstruct Legal Process, 5th Degree Assault (2 Counts), and Disorderly Conduct

Resolution: Case was dismissed. Mr. Gempeler utilized a big-picture approach with a like-minded and thoughtful prosecutor to prove that the client was simply not the person who committed the alleged offense. Instead, the client was at a low point, caused by mental health issues. Over the course of a year since the date of the incident, the client took significant and meaningful strides to improve his mental health and gain stability in his life, thus demonstrating that he was not a public safety concern. The prosecutor recognized this and agreed that a dismissal was appropriate and deserved. This is the type of personalized legal strategy that North Star offers its clients – an understanding of who they are, what happened, and how to get them back on their feet, which benefits them personally, but also leads to this type of terrific result.

State v. K.G.

Charges: 5th Degree Assault

Resolution: Case was dismissed. Through the careful and thorough investigation by our team, we developed a strong defense and were able to detail our client’s version of events, which differed from the police reports (to no one’s surprise!). Based upon the information we provided, the local city agreed to dismiss the case. The client maintains a clean record, his ultimate goal in the case.

Under Minn. Stat. § 609.224, 5th degree assault includes an act done with intent to cause fear in another of immediate bodily harm or death. It also includes intentionally inflicting, or attempting to inflict, bodily harm upon another.

No. A basic 5th degree assault is a misdemeanor, but it can be enhanced depending on prior qualified domestic violence-related offense convictions or adjudications. Those enhancements can make the charge a gross misdemeanor or even a felony.

A misdemeanor 5th degree assault carries a maximum penalty of 90 days in jail and/or a fine of $1,000. Even at the misdemeanor level, an assault conviction can lead to devastating consequences beyond the stated criminal penalty.

It can become a gross misdemeanor if the alleged offense is against the same victim within 10 years of a previous qualified domestic violence-related offense conviction or adjudication. It can also become a gross misdemeanor if it occurs within three years of a previous qualified domestic violence-related offense conviction or adjudication.

A 5th degree assault can become a felony when the case involves two or more prior qualified domestic violence-related offense convictions or adjudications, depending on the timing and circumstances. The felony version carries a maximum penalty of five years in prison and/or a fine of $10,000.

Yes. One of the more common defenses is self-defense, where the alleged victim was the initial aggressor and you only used enough reasonable force to stop the aggressor. One significant benefit of a self-defense claim is that the State carries the burden of proving you were not acting in self-defense.

Other common defenses include defense of others, defense of property, consent, necessity, intoxication, and alibi. The right defense depends on the circumstances of the case, which is why a personalized legal strategy is critical.

Beyond raising legal defenses, any good Minnesota assault attorney will investigate the allegations, hire an investigator if necessary, and figure out just how compliant the complaining victim is to the State. If witnesses are unavailable, the State’s case becomes exponentially weaker.

North Star Criminal Defense – Proven Success in Fighting Assault Charges

The Minnesota assault lawyers at North Star Criminal Defense have over 45 combined years of successfully defending against assault charges of all degrees and throughout multiple jurisdictions, including federal courts in multiple states. We know the law, the defenses, and the strategy necessary in order to obtain resolutions that avoid convictions and jail time. We have helped countless clients overcome these debilitating charges and get back on their feet. If you have been accused of any type of assault charge, you need to contact us right away.

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State v. M.M.

August, 2026
Threats of Violence and Criminal Damage to Property – 1st Degree – both felonies; Domestic Assault – gross misdemeanor
Plea to the gross misdemeanor domestic assault and the two felony counts were dismissed. On top of that fantastic outcome, the client’s sentence included no jail time to serve, a minimal fine, and merely requirements to continue with his therapy and programming. Avoiding a felony was the first and top priority. Anything better than that was icing on the cake. And that’s exactly what Mr. Gempeler a

State v. J.C.

July, 2026
Domestic Assault – Misdemeanor
Continuance for dismissal. Mr. Adkins negotiated aggressively at the first pretrial, after Mr. Gempeler conclusively established the defenses at the arraignment, including negating a near-automatic Domestic Abuse No Contact Order – a nearly unheard of result at Ridgedale. Still, getting a continuance for dismissal with the allegations raised is no small feat for the Ridgedale courthouse. The famil

State v. C.O.

June, 2026
3rd Degree Assault – Felony; 5th Degree Assault – Misdemeanor
Plea to a fifth degree assault. Mr. Adkins moves the needle again, getting a very conservative prosecutor from a tough jurisdiction to discount a broken skull, and significant injuries as a result of a needless punch (on video), even protecting the result from a last-minute effort by the State to withdraw and reinstate felony charges… Never hurts to have a litigator with three decades of experienc

State v. M.O.

April, 2026
Order for Protection Violation – Misdemeanor
Continuance for dismissal. This is the best possible plea deal for any case. To achieve this on a domestic-related type of offense is remarkable. The client’s alleged violation was highly technical in nature, but still a violation nonetheless. There were no real defenses. Mr. Gempeler leaned into the background of the relationship, getting his client right moving forward with how to avoid any futu

State v. S.A.

February, 2026
Domestic Assault by Strangulation – Felony; Domestic Assault – Misdemeanors
Plea to domestic assault by strangulation via Norgaard (i.e. too drunk to recall the facts) and received a gross misdemeanor sentence. Not only was the agreement with the State a departure to a gross misdemeanor, but it called for no time to be served and the minimum conditions while on probation. The client knew he made mistakes on the night in question, but could not afford a felony conviction.

State v. D.O.C.

January, 2026
Misdemeanor assault and disorderly conduct
Continuance for dismissal on one count, full dismissal of another (worse!) count, minimal fine. This client was on a bit of a terrible roll, had a physical run-in with juveniles first, then a battle with his near neighbor, both cases far more complex than the usual misdemeanor asault and disorderly case. Mr. Adkins engaged a very thoughtful but generally conservative prosecutor, convinced said sta