5th Degree Assault

5th degree assault is basically a common fight. It can also involve intimidation or threats. It is a misdemeanor-level offense, carrying a maximum penalty of 90 days in jail and/or a fine of $1,000. A simple assault can be enhanced to a gross misdemeanor when the offense involves the same alleged victim of a previous domestic violence-related offense (which can actually just be another assault conviction) that occurred within 10 years of the current alleged crime.


There are a number of defense possibilities available, all of which are dependent upon the circumstances of the case. This is why it is critical to hire a Minnesota assault attorney that will develop a personalized legal strategy, tailored to your case.

One of the more common defenses is self-defense, where the alleged victim was the initial aggressor and you only used enough reasonable force to stop the aggressor. One significant benefit of the self-defense claim is that the State carries the burden of proving you were not acting in self-defense.

Other common defenses include, but are not limited to, defense of others (similar to self-defense, but you are protecting a family member of close friend), defense of property, consent, necessity, intoxication, and alibi.

Beyond raising these common defenses, any good Minnesota assault attorney will investigate the allegations, hire an investigator if necessary, and figure out just how compliant the complaining victim is to the State. If witnesses are unavailable, the State’s case becomes exponentially weaker.

It is critical that you contact us now to get us started on your defense right away. Any assault conviction can lead to devastating consequences. You need a Minnesota assault attorney who is Not Always Minnesota Nice fighting for you, contact us now.

Case Results

To see just how successful our approach is, here are some representative case results:

State v. W.K.

Charges: Obstruct Legal Process, 5th Degree Assault (2 Counts), and Disorderly Conduct

Resolution: Case was dismissed. Mr. Gempeler utilized a big picture approach with a like-minded and thoughtful prosecutor to prove that the client was simply not the person that committed the alleged offense. Instead, the client was at a low point, caused by mental health issues. Over the course of a year since the date of the incident, the client took significant and meaningful strides to improve his mental health and gain stability in his life, thus demonstrating that he was not a public safety concern. The prosecutor recognized this and agreed that a dismissal was appropriate and deserved. This is the type of personalized legal strategy that North Star offers its clients - an understanding of who they are, what happened, and how to get them back on their feet, which benefits them personally, but also leads to these type of terrific results.

State v. K.G.

Charges: 5th Degree Assault

Resolution: Case was dismissed. Through the careful and thorough investigation by our team, we developed a strong defense and were able to detail our client's version of events, which differed from the police reports (to no one's surprise!). Based upon the information we provided, the local city agreed to dismiss the case. The client maintains a clean record, his ultimate goal in the case.

North Star Criminal Defense - Proven Success in Fighting Assault Charges

The Minnesota assault lawyers at North Star Criminal Defense have over 30 combined years of successfully defending against assault charges of all degrees and throughout multiple jurisdictions, including federal courts in multiple states. We know the law, the defenses, and the strategy necessary in order to obtain resolutions that avoid convictions and jail time. We have helped countless clients overcome these debilitating charges and get back on their feet. If you have been accused of any type of drug crime, you need to contact us right away.