5th degree assault is the least serious of the criminal assault charges in Minnesota. It is a misdemeanor-level offense, carrying a maximum penalty of 90 days in jail and/or a fine of $1,000. A person can be found guilty of 5th degree assault if they commit an act with intent to cause fear in another of immediate bodily harm or death, or intentionally inflict or attempt to inflict bodily harm upon another. The “act” can be many things such as a scratch, a slap, a hit, or an act that causes another person to fear of harm. The possible punishment stemming from a 5th degree assault conviction varies significantly depending on the specific allegations against the accused. The potential punishment ranges from a maximum of 90 days in jail for misdemeanor assault charges, to five years in prison for felony fifth degree assault charges. 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.