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Under Minnesota law, assault means either an act done with intent to cause fear in another of immediate bodily harm or death, or the intentional infliction of or attempt to inflict bodily harm upon another.
What fifth-degree assault means and how it is charged
Fifth-degree assault in Minnesota is a misdemeanor: whoever commits an act with intent to cause fear in another of immediate bodily harm or death, or intentionally inflicts or attempts to inflict bodily harm upon another, commits an assault and is guilty of a misdemeanor.
A misdemeanor in Minnesota is a crime for which a sentence of not more than 90 days or a fine of not more than $1,000, or both, may be imposed.
Source: Minn. Stat. § 609.224
When the charge level rises
Fifth-degree assault becomes a gross misdemeanor — with a sentence of up to 364 days or a fine of not more than $3,000, or both — when the violation is against the same victim within ten years of a previous qualified domestic violence-related offense conviction or adjudication of delinquency.
A gross misdemeanor in Minnesota is any crime that is not a felony or misdemeanor, and the maximum fine that may be imposed is $3,000.
Fifth-degree assault may become a felony — punishable by up to five years or a fine of not more than $10,000, or both — when the violation is against the same victim within ten years of the first of any combination of two or more previous qualified domestic violence-related offense convictions or adjudications of delinquency.
Source: Minn. Stat. § 609.224
Domestic assault as a separate charge
Domestic assault under Minn. Stat. § 609.2242 is a misdemeanor when committed against a family or household member as defined in Minn. Stat. § 518B.01, subd. 2, and becomes a gross misdemeanor punishable by up to 364 days or a fine of not more than $3,000, or both, when the person violates the section within ten years of a previous qualified domestic violence-related offense conviction or adjudication of delinquency.
Source: Minn. Stat. § 609.2242
Arrest and bail in domestic assault cases
In a domestic abuse, harassment, or stalking case, the arrested person must be brought to the police station or county jail and cannot receive a citation in lieu of arrest; a judge reviews release conditions at a bail hearing.
Before releasing a person arrested for domestic abuse, the judge must review the facts of the arrest and relevant information presented by the prosecutor and determine whether release poses a threat to the alleged victim, another family or household member, or public safety, or whether there is a substantial likelihood the person will fail to appear at subsequent proceedings.
At the bail hearing in a domestic abuse case, the judge may impose conditions of release including an order enjoining the person from committing acts of domestic abuse, prohibiting contact with the alleged victim, directing the person to vacate the home, and prohibiting possession of a firearm or other weapon.
Bail limits:
For fifth-degree assault under Minn. Stat. § 609.224, the maximum cash bail for a misdemeanor or gross misdemeanor charge is six times the highest cash fine that may be imposed for the offense.
For domestic assault under Minn. Stat. § 609.2242, the maximum cash bail for a misdemeanor or gross misdemeanor charge is ten times the highest cash fine that may be imposed for the offense.
Source: Minn. Stat. §§ 629.72, 629.471
What happens in court after an assault charge
First appearance
At the first appearance in a Minnesota criminal case, the court must inform the defendant of the charges, the defendant’s rights including the right to have counsel appointed if eligible, and the opportunity to enter a plea as permitted by the rules.
At the first appearance, the court must advise the defendant of rights including: the right to remain silent; that anything said may be used against the defendant; the right to counsel in all proceedings; and the right to a jury trial or a trial to the court.
At the first appearance, the court must set bail and other conditions of release under Rule 6.02, and must ensure the defendant has a copy of the charging document.
Misdemeanor arraignment
In misdemeanor assault cases, the arraignment must be conducted in open court, where the court must ask the defendant to enter a plea or set a date for entry of the plea.
Felony and gross misdemeanor: Rule 8 and the Omnibus Hearing
If the defendant is charged with a felony or gross misdemeanor assault, the court must set a date for a Rule 8 second appearance no later than 14 days after the initial Rule 5 appearance, unless the defendant waives the right to a separate Rule 8 appearance.
The purpose of the Rule 8 second appearance in felony and gross misdemeanor cases is to again advise defendants of their rights, to allow defendants to plead guilty, or if the defendant does not plead guilty, to request or waive an Omnibus Hearing under Rule 11.
In felony and gross misdemeanor assault cases, if the defendant does not plead guilty at the Rule 8 hearing, the Omnibus Hearing under Rule 11 must be scheduled no later than 28 days after the defendant’s Rule 8 appearance.
Source: Minn. R. Crim. P. 5, 8
Appointed counsel
The court must appoint the district public defender on request of a defendant who is charged with a felony, gross misdemeanor, or misdemeanor punishable by incarceration, is not represented by counsel, and is financially unable to obtain counsel.
Source: Minn. R. Crim. P. 5.04
Firearms consequences after a conviction
When a person is convicted of fifth-degree assault or domestic assault involving a family or household member, the court must make written findings on the record as to whether the defendant owns or possesses a firearm and whether the firearm was used in any way during the commission of the assault.
When a person is convicted of domestic assault and the court determines the victim was a family or household member, the court must inform the defendant that the defendant is prohibited from possessing a firearm for three years from the date of conviction and that it is a gross misdemeanor offense to violate this prohibition.
Source: Minn. Stat. § 609.2242
Questions people ask about assault charges in Minnesota
What is the legal definition of assault in Minnesota?
Under Minnesota law, assault means either an act done with intent to cause fear in another of immediate bodily harm or death, or the intentional infliction of or attempt to inflict bodily harm upon another.
What is fifth-degree assault and what is the basic penalty?
Fifth-degree assault in Minnesota is a misdemeanor: whoever commits an act with intent to cause fear in another of immediate bodily harm or death, or intentionally inflicts or attempts to inflict bodily harm upon another, commits an assault and is guilty of a misdemeanor. A misdemeanor in Minnesota is a crime for which a sentence of not more than 90 days or a fine of not more than $1,000, or both, may be imposed.
When does a fifth-degree assault charge become a gross misdemeanor?
Fifth-degree assault becomes a gross misdemeanor — with a sentence of up to 364 days or a fine of not more than $3,000, or both — when the violation is against the same victim within ten years of a previous qualified domestic violence-related offense conviction or adjudication of delinquency.
When does fifth-degree assault become a felony?
Fifth-degree assault may become a felony — punishable by up to five years or a fine of not more than $10,000, or both — when the violation is against the same victim within ten years of the first of any combination of two or more previous qualified domestic violence-related offense convictions or adjudications of delinquency.
What happens at the first court appearance after an assault arrest?
At the first appearance in a Minnesota criminal case, the court must inform the defendant of the charges, the defendant’s rights including the right to have counsel appointed if eligible, and the opportunity to enter a plea as permitted by the rules. At the first appearance, the court must advise the defendant of rights including: the right to remain silent; that anything said may be used against the defendant; the right to counsel in all proceedings; and the right to a jury trial or a trial to the court.
Can I get a public defender for an assault charge?
The court must appoint the district public defender on request of a defendant who is charged with a felony, gross misdemeanor, or misdemeanor punishable by incarceration, is not represented by counsel, and is financially unable to obtain counsel.
What is domestic assault under Minnesota law?
Domestic assault under Minn. Stat. § 609.2242 is a misdemeanor when committed against a family or household member as defined in Minn. Stat. § 518B.01, subd. 2, and becomes a gross misdemeanor punishable by up to 364 days or a fine of not more than $3,000, or both, when the person violates the section within ten years of a previous qualified domestic violence-related offense conviction or adjudication of delinquency.
Will an assault conviction affect my firearm rights?
When a person is convicted of domestic assault and the court determines the victim was a family or household member, the court must inform the defendant that the defendant is prohibited from possessing a firearm for three years from the date of conviction and that it is a gross misdemeanor offense to violate this prohibition.
Talk with Martine Law about assault charges in Minnesota
Acting early gives counsel the most options. Martine Law handles assault cases across Minnesota. Call for a free, confidential consultation, or fill out the contact form on this page with your name, phone number, and a short description of your situation, and we will follow up promptly.
