Introduction
If you’ve been charged with assault in Minnesota, it’s important to understand the level of the offense. While the term “assault” may sound general, Minnesota law clearly defines various degrees of assault — ranging from simple misdemeanor charges to serious felonies. The penalties, long-term consequences, and legal strategy can differ drastically depending on how your charge is classified.
In this guide, we’ll break down the key differences between misdemeanor and felony assault in Minnesota, explain the elements of each charge, and help you understand what to do next if you’re facing prosecution.
What Is Considered Assault Under Minnesota Law?
In Minnesota, assault is defined under Minnesota Statute § 609.02. The law breaks assault into two broad categories:
- Intentional infliction of bodily harm
- Acts intended to cause fear of immediate bodily harm or death
This means you can be charged with assault even if you don’t actually hit someone — threatening violence or swinging at someone may be enough to trigger legal action.
Misdemeanor Assault in Minnesota
Most low-level assault charges begin as misdemeanors. These are considered less severe than felonies, but they still carry criminal penalties and can affect your employment, reputation, and criminal record.
Types of Misdemeanor Assault:
Fifth-Degree Assault (Simple Assault)
This is the most common and lowest level of assault.
You may be charged if you:
- Intentionally cause fear of immediate harm
- Actually cause minor bodily harm
- Attempt physical harm without a weapon
Penalties:
- Up to 90 days in jail
- Fines up to $1,000
- Probation and court-mandated counseling
This charge may be enhanced if there’s a prior history of violence, or if the assault occurred in the presence of a minor.
Gross Misdemeanor Assault
Some fifth-degree assault charges can be elevated to gross misdemeanors if aggravating factors exist, such as:
- Prior convictions for similar conduct
- The victim is a vulnerable adult
- The incident occurred within a domestic relationship
Penalties for gross misdemeanors:
- Up to 1 year in jail
- Up to $3,000 in fines
- Potential no-contact or protective orders
What Makes an Assault a Felony in Minnesota?
An assault becomes a felony when there is serious bodily harm, a deadly weapon involved, or specific victim categories such as law enforcement officers.
Degrees of Felony Assault:
Fourth-Degree Assault
This charge typically involves assaulting a protected class, such as:
- Police officers
- Firefighters
- Medical personnel
- School employees
Depending on injuries caused, it can be a gross misdemeanor or a felony.
Third-Degree Assault
Involves substantial bodily harm, such as:
- Broken bones
- Head injuries
- Serious cuts or bruises
Penalties:
- Up to 5 years in prison
- Fines up to $10,000
Second-Degree Assault
Defined as assault involving a dangerous weapon — for example, a bat, knife, or firearm.
Even if the weapon wasn’t used to injure, simply threatening someone with it could result in this charge.
Penalties:
- Up to 7 years in prison (or up to 10 if substantial harm occurred)
- Fines up to $14,000
First-Degree Assault
This is the most serious assault charge in Minnesota and applies when:
- There is great bodily harm, such as permanent disfigurement
- The victim is a law enforcement officer, and deadly force was used
Penalties:
- Up to 20 years in prison
- Fines up to $30,000
How the Court Determines Severity
When deciding whether an assault should be a misdemeanor or felony, Minnesota courts evaluate:
- The extent of injuries to the victim
- Whether a weapon was used
- The intent behind the assault
- The relationship between the parties
- Whether there were prior convictions
The prosecutor reviews police reports, medical records, and witness testimony to determine the charge level.
What About Domestic Assault?
Domestic assault charges can be misdemeanor, gross misdemeanor, or felony, depending on the context.
A simple shove or slap in a domestic context may still result in criminal charges. Repeated offenses or serious harm can escalate the charge quickly.
For more information, visit our domestic violence attorney page.
Collateral Consequences of Assault Convictions
Even misdemeanor assault charges can impact:
- Employment and background checks
- Immigration status
- Gun ownership rights
- Child custody or visitation rights
Felony convictions are even more severe and may lead to:
- Loss of voting rights
- Difficulty obtaining housing or credit
- Limited career opportunities
- Long-term probation or parole supervision
How a Criminal Defense Attorney Can Help
Whether you’re facing a misdemeanor or felony, you should never navigate assault charges alone. At Martine Law, we take a proactive approach:
- Examine police reports for errors or inconsistencies
- Identify whether the alleged act meets the statutory definition of assault
- Argue for charge reductions or dismissals
- Help you access pretrial diversion or anger management options
- Represent you during trial and sentencing
Our defense team will ensure your side of the story is heard and that your rights are fully protected.
What to Do if You’re Charged
- Do not speak to law enforcement without a lawyer
- Avoid contacting the alleged victim
- Document everything — texts, emails, injuries, witnesses
- Schedule a legal consultation immediately
The sooner you act, the more options your attorney has to build your defense.
Conclusion
Assault charges in Minnesota are categorized based on severity — ranging from misdemeanor fifth-degree assault to felony first-degree assault. The classification impacts not only your potential sentence but also your future.
If you’ve been charged with any level of assault, reach out to Martine Law today for experienced, aggressive legal representation.