A 5th Degree Assault charge is the least serious of the criminal assault charges in Minnesota. However, the possible punishment stemming from a 5th degree assault conviction varies significantly depending on the specific allegations against you. The risk ranges from a maximum jail sentence of 90 days for misdemeanor assault charges, to five years in prison for fifth degree assault charges.
MISDEMEANOR 5TH DEGREE ASSAULT CHARGES
Misdemeanor 5th Degree Assault charges can be based on any of the following accusations:
- 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.
GROSS MISDEMEANOR FIFTH DEGREE ASSAULT CHARGES
Gross misdemeanor 5th Degree Assault charges are based upon the same requirements as misdemeanor assault charges. However, if the alleged victim of the assault is the same victim from a previous qualified domestic violence-related conviction occurring within the past ten years, the misdemeanor charges can be enhanced to a gross misdemeanor. A misdemeanor assault may also be enhanced to a gross misdemeanor if the assault occurs within three years of a qualified domestic violence conviction, regardless of whether the alleged victim is the same person.
By enhancing from a misdemeanor to a gross misdemeanor, the possible jail sentence increases from 90 days to one year. In addition, you may lose your firearm rights if convicted of 5th degree assault within three years of another assault conviction.
FELONY FIFTH DEGREE ASSAULT CHARGES
Like gross misdemeanor assault, felony fifth degree assault charges are based upon the same requirements as misdemeanor assault charges. However, for the same allegations to be increased to felony charges, the assault must be on the same victim from two or more previous qualified domestic violence-related convictions within the past ten years.
Additionally, if the assault occurs within three years of two or more qualified domestic violence convictions, regardless of the alleged victim, you could be charged with felony assault. A felony 5th degree assault conviction carries a maximum prison sentence of five years, and you may be subject to loss of firearm rights.
CONTACT AN EXPERIENCED MINNEAPOLIS CRIMINAL DEFENSE LAWYER AT 612-747-2254
If you have been accused of fifth degree assault, contact our Minneapolis defense lawyer without delay. Coley J. Grostyan is a Minneapolis based assault lawyer who has the knowledge of Minnesota assault laws and provides aggressive, professional representation that has proven successful in resolving numerous assault cases for his clients. Coley Grostyan is always accessible for his clients and promptly responds to inquiries 24 hours a day, 7 days a week. For confidential and professional representation, contact Coley Grostyan today at 612-747-2254.
Coley Grostyan represents individuals facing 5th Degree assault charges, and all other assault allegations, in the Twin Cities of Minneapolis and St. Paul, the surrounding suburbs, and throughout Minnesota.