Introduction
Assault charges in Minnesota can range in severity depending on the degree of the offense. The difference between a first-degree and a fifth-degree assault charge can mean the difference between years in prison and a short jail sentence or probation.
Understanding the penalties, legal definitions, and implications of each degree of assault is crucial if you or someone you know is facing charges. At Martine Law, we help clients throughout Minnesota understand their rights and build strong defense strategies — no matter the degree of assault they’re facing.
What Is Assault Under Minnesota Law?
Under Minnesota Statutes § 609.221 to § 609.224, assault is defined broadly to include:
- Attempting to cause fear of immediate bodily harm or death
- Intentional infliction of bodily harm
The penalties and classifications depend on the severity of the harm, the intent, whether a weapon was used, and the victim’s status (e.g., police officer, minor, domestic partner).
First-Degree Assault in Minnesota (Felony)
Legal Definition:
According to Minnesota Statute § 609.221, a person commits first-degree assault when they:
- Inflict great bodily harm on another person, OR
- Use or attempt to use deadly force against a peace officer, judge, prosecutor, or correctional employee
Penalties:
- Felony offense
- Up to 20 years in prison
- Fines up to $30,000
“Great bodily harm” means permanent disfigurement, loss of bodily function, or a substantial risk of death. Because of its severity, this is one of the harshest assault charges in Minnesota.
Fifth-Degree Assault in Minnesota (Misdemeanor or Felony)
Legal Definition:
Under Minnesota Statute § 609.224, fifth-degree assault involves:
- Intentional infliction or attempted infliction of bodily harm
- Intentional acts meant to cause fear of immediate bodily harm or death
Fifth-degree assault can be either a misdemeanor, gross misdemeanor, or felony, depending on prior offenses and victim status.
Penalties:
First-Time Offense (Misdemeanor)
- Up to 90 days in jail
- Fines up to $1,000
Two or More Prior Assault Convictions (Gross Misdemeanor)
- Up to 1 year in jail
- Fines up to $3,000
If the Assault Is Against the Same Victim (Felony)
- Up to 5 years in prison
- Fines up to $10,000
The charge can escalate quickly based on your history or if the alleged victim is a vulnerable adult or domestic partner.
Comparing First-Degree vs. Fifth-Degree Assault
| Aspect | First-Degree Assault | Fifth-Degree Assault |
| Classification | Felony | Misdemeanor / Gross Misdemeanor / Felony |
| Injury Severity | Great bodily harm | Minor or no physical harm |
| Max Prison Sentence | Up to 20 years | Up to 5 years (felony version) |
| Fine | Up to $30,000 | Up to $10,000 (felony) / $3,000 / $1,000 |
| Common Examples | Stabbing, shooting, permanent injuries | Pushing, shoving, threatening gestures |
What Is “Great Bodily Harm”?
This term plays a major role in whether an assault charge is first-degree. Under Minnesota law, it refers to:
- A substantial risk of death
- Serious permanent disfigurement
- Protracted loss or impairment of a body part or function
If the injury does not rise to this level, prosecutors may charge second- or third-degree assault instead.
When Fifth-Degree Assault Becomes a Felony
Even though fifth-degree assault starts as a misdemeanor, the charge can become a felony in the following cases:
- Two prior qualified domestic violence-related convictions within ten years
- Same victim targeted in previous assault
- Assault against a vulnerable adult or peace officer
The escalation in penalty is significant, making it essential to have a defense attorney on your side even for what may seem like a “minor” assault charge.
Impact on Criminal Record and Future
Whether charged with first- or fifth-degree assault, both can lead to a permanent criminal record, which may affect:
- Employment and housing opportunities
- Custody disputes
- Immigration status
- Gun ownership rights
First-degree assault, being a violent felony, may also result in long-term parole or post-prison supervision.
If you’re unsure of your options, contact Martine Law for a confidential consultation.
Possible Defenses to Assault Charges
Depending on the facts of your case, you may be able to defend against first- or fifth-degree assault using:
- Self-defense
- Defense of others
- Accidental harm
- False accusations
- Lack of intent
- Mental health defenses
Our experienced attorneys will examine police reports, video evidence, medical records, and witness testimony to build a strong defense.
Why You Need Legal Representation
Even a fifth-degree assault charge — often seen as “minor” — can escalate quickly and affect your life permanently. And if you’re facing first-degree charges, you’re looking at long-term prison time.
At Martine Law, we provide:
- Aggressive defense strategies tailored to your case
- Skilled negotiation with prosecutors
- Trial-ready representation
- Compassionate, honest legal guidance
Our goal is to protect your future and fight for the best possible outcome.
Final Thoughts
Assault charges in Minnesota vary dramatically depending on the degree. First-degree assault is a serious felony with life-changing penalties, while fifth-degree assault may seem minor but can still carry major consequences — especially for repeat offenders.
Whether you’re facing a first-time charge or already have a criminal record, you have legal options. Let the team at Martine Law help you understand your rights and navigate the legal process with confidence.