Can You Be Charged With Assault in Minnesota If No Physical Contact Occurred?

Many people believe you can only be charged with assault if you physically hit, push, or touch someone. In Minnesota, this is not the case. State law makes it clear that assault does not always require physical contact. Acts that cause someone to fear they are about to be harmed can also lead to criminal charges.

At Martine Law, we help people understand the serious consequences of assault allegations, yes, even when no physical contact ever occurred.

Can You Get Charged If You Didn’t Touch the Person?

Yes. In Minnesota, there are two different types of assault charges:

• Harm: The intentional infliction or attempted infliction of bodily harm. This usually involves some kind of physical act or contact.
• Fear: The intentional act of causing someone to fear imminent bodily harm or death. No physical contact is required.

This means that if you raise your fist, brandish a weapon, or make verbal threats that cause fear, you may face an assault charge, even without laying a hand on anyone.

If you find yourself in one of these situations,it is better to contact an assault attorney in Minnesota who can help you find a just resolution. 

How Does It Work Legally in Minnesota?

Minnesota Statute § 609.02 defines assault in two ways:

1. Committing an act with intent to cause fear of immediate bodily harm or death.
2. Intentionally inflicting or attempting to inflict bodily harm upon another.

Under § 609.224, fifth-degree assault includes both physical harm and acts that create fear. This statute is often applied in cases where no contact occurred but the alleged victim claims they were threatened or placed in fear.

Common scenarios include:

• Raising a fist during an argument.
• Brandishing a weapon or object in a threatening way.
• Making verbal threats of immediate violence.
• Aggressive gestures that cause the other person to believe harm is imminent.

What Should You Do If Accused of Assault Without Touching Someone?

If you are accused of a no-contact assault, take it seriously. Even if you believe the accusation is exaggerated or false, the law treats these claims as criminal matters.

Here are steps to protect yourself:

1. Remain Silent: Anything you say can be used against you. Do not try to explain yourself to police or the alleged victim.
2. Contact a Criminal Defense Attorney Immediately: A lawyer will guide you through police questioning, hearings, and negotiations.
3. Preserve Evidence: Keep text messages, recordings, or witness statements that show the context of the dispute.
4. Respect Court Orders: If an Order for Protection (OFP) or no-contact order is issued, comply with it fully. Violating it can create additional charges.
5. Prepare for Investigation: Understand that police may interview witnesses and review your past conduct. Having legal representation early makes a big difference.

At Martine Law, we defend clients accused of both assault-harm and assault-fear, ensuring their rights and side of the story are fully heard.

Common Penalties or Outcomes

Minnesota has five degrees of assault charges. Non-contact acts often fall under fifth-degree or domestic assault charges, but penalties can escalate depending on circumstances.

• Fifth-Degree Assault (Misdemeanor): Up to 90 days in jail and a $1,000 fine.
• Gross Misdemeanor Assault: Up to 1 year in jail and a $3,000 fine (often for repeat offenses).
• Felony Assault: More serious charges may apply if weapons are involved, if there are prior convictions, or if the case involves domestic relationships.

Other consequences include:

• Orders for Protection or restraining orders.
• Probation with mandatory counseling or anger management.
• A permanent criminal record affecting employment and housing.
• Damage to your reputation and relationships.

For more detail, see our guides on charges for assault in Minnesota and penalties by degree.

Key Takeaways

• Physical contact is not required to be charged with assault in Minnesota.
• “I never touched anyone” is not a defense if your actions created fear of harm.
• Intent and perception matter as much as physical injury.
• Legal representation is critical for protecting your rights and future.

A knowledgeable Minnesota criminal defense attorney can challenge the state’s case, negotiate reduced charges, or pursue dismissal when the evidence is weak.

Do You Need a Lawyer?

Yes. Facing an assault allegation, even without contact, is serious. Prosecutors aggressively pursue these cases, and penalties can affect your freedom, reputation, and future.

Working with a local attorney matters. Minnesota laws and courts treat assault allegations differently depending on context. A local lawyer knows how prosecutors handle these cases and how judges view assault-fear allegations.

At Martine Law, we provide compassionate, strategic defense for clients accused of assault. Call us or contact us online to schedule a confidential strategy session.

FAQs

What specific elements must the prosecution prove for assault without contact in Minnesota?
They must prove you acted intentionally and caused another person to reasonably fear imminent bodily harm or death.

How does Assault-Fear differ from Assault-Harm under MN law?
Assault-Harm involves physical injury or attempted injury, while Assault-Fear only requires that someone felt immediate fear due to your actions.

What common defenses win cases where no physical contact occurred?
Defenses may include lack of intent, self-defense, insufficient evidence, or that the alleged fear was unreasonable.

How can an Order for Protection affect my case after a no-contact assault charge?
An OFP can restrict your movements, limit contact with family, and affect custody arrangements. Violating an OFP can result in additional charges.

What penalties could I face for a non-contact assault conviction in Minnesota?
Penalties range from a misdemeanor with up to 90 days in jail to felony charges if aggravating factors are present.