5th Degree Assault in Minnesota, Criminal Defense Attorneys

There are several different kinds of “assault” described in Minnesota’s criminal code. There are five “degrees” of assault organized based upon severity level. Assault in the First Degree has the highest penalty and Assault in the Fifth Degree has the lowest.


To be found guilty of assault in the fifth degree, the person must:

(1) commit an act with intent to cause fear in another of immediate bodily harm or death or;

(2) intentionally inflict or attempted to inflict bodily harm upon another.

View MN Statute

MN Statute


View the Minnesota Statute on the Website: Official Publication of the State of Minnesota Revisor of Statutes

View MN Statute


The “act” can be many things such as a scratch, a slap, a hit. It could also be an act that causes another person to fear of harm. For example, raising a fist at another in a threatening manner or lunging toward someone without making contact can be an assault.

Intent to Cause FEAR 

This means the person has a purpose to do the thing or cause the result specified or believes the act, if successful, will cause. The act’s ordinary effect upon others may be considered to determine intent. For example, if someone lunges at you with their hand raised, the ordinary effect would be fear that you will be hurt.


This is any pain or injury, illness, or any impairment of physical condition. A bruise, a black eye, a scratch are all examples of bodily harm.

The Attorneys at Sieben & Cotter have experience in handling all types of assault. See here for more information.

Call Sieben & Cotter at 651-455-1555 to arrange your free and comprehensive consultation, or send a request for more information.