Charged Under Minnesota Statute § 609.715? A Defense Attorney Explains Your Rights and Your Options
You didn’t plan for this. One moment, you were part of a crowd—maybe a protest on the steps of the State Capitol in St. Paul, a street celebration after a Vikings win in Minneapolis, or a political rally that got tense in downtown Rochester. The energy was high, emotions were running hot, and then, everything changed. The shouting, the flashing lights, the confusion. Before you knew what was happening, a law enforcement officer was in your face, the crowd was scattering, and you were being put in handcuffs. Now you’re facing a criminal charge for “Presence at an Unlawful Assembly.” It sounds confusing, and frankly, unfair. You feel like you were just in the wrong place at the wrong time, exercising your right to be there.
Let me be clear: even though this charge is a misdemeanor, it is not a simple ticket. A conviction leaves you with a permanent criminal record that can follow you for years, impacting your job prospects, your housing applications, and your reputation. The prosecution will try to paint a picture of a chaotic, dangerous scene, and they will lump you in with anyone who may have been acting with bad intent. They don’t know your story. They don’t care that you were there peacefully, that you didn’t hear the order to leave, or that you were simply caught in the sweep.
I do. For years, I have defended people across the state of Minnesota—from the Twin Cities metro of Minneapolis, St. Paul, Bloomington, and Eagan to cities like Duluth, St. Cloud, and Maple Grove—who have been unfairly charged in these exact situations. You are likely scared, angry, and unsure of what to do next. You do not have to go through this process alone. Understanding the law, the potential penalties, and the powerful defenses available to you is the first step toward taking back control.
More Than Just Being There: What an ‘Unlawful Assembly’ Charge Really Means in Minnesota
A charge for Presence at an Unlawful Assembly under Minnesota Statute § 609.715 isn’t about what you did, but about where you were and what you failed to do. The law essentially criminalizes your refusal to leave a specific place after a police officer has ordered you to disperse. This is a critical distinction. The prosecutor isn’t required to prove you were throwing rocks, shouting threats, or breaking property. They only need to prove that the gathering was legally declared an “unlawful assembly” and that you defied a direct order to leave.
This is where many unfair charges originate. These situations are often chaotic, loud, and confusing. Did you actually hear the order? Was the order clear and understandable over the noise of the crowd? Were you physically able to leave, or were you trapped? Facing Minnesota unlawful assembly charges can feel hopeless because it seems so simple, but this simplicity is also its weakness. The charge rests on a specific sequence of events, and if any part of that sequence can be challenged, the state’s entire case against you can fall apart. Whether you were at a protest in Hennepin County or a party that got out of hand in Ramsey County, the core elements the state must prove remain the same.
Minnesota Law on Unlawful Assembly — Straight from the Statute
The Minnesota Legislature created the law that now puts you at risk. It’s not some vague policy; it’s a specific statute with specific language. Understanding exactly what the law says is the first step in deconstructing the state’s case against you. The entire charge is based on Minnesota Statute § 609.715.
Here is the exact language of the law:
609.715 PRESENCE AT UNLAWFUL ASSEMBLY.
Whoever without lawful purpose is present at the place of an unlawful assembly and refuses to leave when so directed by a law enforcement officer is guilty of a misdemeanor.
Breaking Down the Legal Elements of Presence at an Unlawful Assembly in Minnesota
To get a conviction, the prosecutor can’t just tell a story; they have to prove every single component of the statute beyond a reasonable doubt. If I can create reasonable doubt about even one of these elements, their case against you crumbles. For a charge under Minn. Stat. § 609.715, the state must prove all of the following:
- An Unlawful Assembly Existed. First, the state must prove the gathering you were at met the legal definition of an “unlawful assembly.” Under Minnesota law, this means three or more people assembled with the intent to commit a crime with force or violence, or who, once assembled, act together to commit such a crime. If the assembly was peaceful and lawful, or if the police prematurely declared it unlawful without proper grounds, this entire charge is invalid from the start. Your simple presence at a protest or gathering is not a crime.
- You Were “Present.” The prosecutor must establish that you were physically at the location of this specific assembly. This is usually straightforward, as the police will claim they arrested you on-site. However, questions can arise about whether you were truly part of the assembly or merely a bystander on the periphery, like someone leaving work in downtown Minneapolis who gets swept up in a crowd. Were you an active participant or an unlucky passerby?
- A Lawful Order to Disperse Was Given. A law enforcement officer must have given a clear, audible, and understandable directive for the crowd—including you—to leave the area. Was this order given through a weak megaphone in a noisy environment? Was it given once to a sprawling crowd? If the command was ambiguous or if a reasonable person in your position could not have heard or understood it, then you cannot be guilty of refusing to comply with it.
- You Refused to Leave. This is the core of the offense. The state must prove that after hearing and understanding the officer’s lawful order, you made a conscious decision not to comply. This doesn’t necessarily mean you verbally said “no.” It can mean you simply stayed put. But if you were trying to leave and were blocked, or if you were moving to comply but were arrested before you had a reasonable chance to exit the area, you did not legally “refuse” the order.
- You Had No Lawful Purpose. The statute includes the phrase “without lawful purpose.” This provides a key avenue for defense. Were you there as a credentialed journalist covering the event? A street medic providing aid? Were you trying to find a friend or family member to lead them to safety? If you had a legitimate, lawful reason for being in that location that was separate from the purpose of the assembly, it can serve as a powerful defense against the charge.
The Stakes Are Higher Than You Think: Minnesota’s Penalties for a Misdemeanor Conviction
Many people hear the word “misdemeanor” and breathe a sigh of relief, thinking it’s no more serious than a traffic ticket. This is a dangerous mistake. In Minnesota, a misdemeanor conviction is a permanent mark on your criminal record, and the penalties for unlawful assembly can be far more disruptive than you imagine. Do not underestimate what you are up to.
Misdemeanor Penalties
A conviction for Presence at an Unlawful Assembly is a misdemeanor. While it is the lowest level of criminal offense in the state, the maximum penalties for this crime in Minnesota are severe and can include:
- Jail Time: Up to 90 days in county jail.
- A Substantial Fine: Up to a $1,000 fine, plus court costs and surcharges.
- Probation: A judge can place you on probation for up to two years. During this time, you would be required to remain law-abiding, report to a probation officer, and follow any other conditions the court imposes, such as community service or mandatory classes.
The penalties for unlawful assembly in Minnesota are not just theoretical. A judge in Hennepin or Ramsey County could absolutely sentence you to jail time, especially if the event was high-profile or resulted in property damage, even if you weren’t personally involved in it.
What This Charge Looks Like in Real Life — Common Scenarios in Minnesota
This charge rarely happens in a vacuum. It arises from dynamic, often tense situations where law and public expression collide. You might see yourself in one of these common scenarios that play out across Minnesota cities.
These examples show how easily an ordinary person can get caught up and face a criminal charge. The facts of your case are unique, but the underlying theme is often the same: you were in a chaotic situation and are now being held responsible for it.
The Heated Downtown Minneapolis Protest
A protest regarding a controversial political issue starts peacefully at the Hennepin County Government Center. As the evening wears on, a small group of agitators begins to clash with a police line. The police declare the gathering an unlawful assembly and issue a dispersal order over a loudspeaker. You are at the back of the crowd, a hundred yards away, and can’t make out the words over the chanting. You see people starting to move, but before you can figure out what’s happening, officers move in and you are arrested for failing to disperse.
The University Party in Duluth
You are at a large off-campus party near the University of Minnesota Duluth. The party spills into the street, and neighbors call the police to complain about the noise. Officers arrive and decide the street party constitutes an unlawful assembly. They get on their car’s PA system and order everyone to go back inside or leave. You are saying goodbye to a friend and don’t immediately run. An officer approaches you and places you under arrest for being present at an unlawful assembly, even though you had no violent intent and were merely slow to react.
The Post-Game Celebration in St. Paul
The Minnesota Wild win a huge playoff game, and ecstatic fans pour out of the Xcel Energy Center into the streets of St. Paul. The celebration is joyous but blocks traffic. After some time, the police decide to clear the streets. They declare the assembly unlawful and order people to the sidewalks. You are high-fiving strangers and celebrating, caught up in the moment. You don’t hear their warnings over the noise of the happy crowd and are arrested as police clear the area.
The Misidentified Person in a Rochester Confrontation
You are walking through downtown Rochester on your way to dinner when you see two groups shouting at each other in a public square. You stop to see what is going on, curious. Police arrive quickly, declare the situation an unlawful assembly, and order everyone to leave. As you turn to walk away, an officer mistakes you for one ofthe original participants and arrests you. You were never part of any group, but you were present and are now charged with a crime.
They Say You Broke the Law. Here’s How We Fight Back.
An arrest is not a conviction. A police report is not the final word. The prosecutor’s charge is just their version of the story, and it is a version that I can—and will—challenge at every turn. Building a powerful defense against a Presence at an Unlawful Assembly charge requires a meticulous investigation into the facts. We will not take the police report at face value. We will scrutinize every piece of evidence and every action taken by law enforcement. The goal is to find the weaknesses in the state’s case and use them to your advantage, whether that means getting the case dismissed, negotiating a favorable outcome, or winning at trial.
There are numerous defenses to unlawful assembly charges in Minnesota because the law has so many requirements for the state to prove. Your defense will be tailored to the specific facts of your case. Did the police follow proper procedure? Was their declaration of an “unlawful assembly” legally sound? Did you even know you were supposed to leave? These are the questions we will force the prosecution to answer, and often, they can’t.
Defense Strategy: The Assembly Was Lawful
The entire case hinges on the assembly being “unlawful.” If we can show the gathering did not meet the legal standard, the charge against you cannot stand.
- Peaceful Intent: We will gather evidence, including video footage and witness statements, to demonstrate that the assembly’s purpose was peaceful expression, not to commit a crime through force or violence. A few isolated individuals acting out does not automatically make an entire gathering of hundreds of people unlawful.
- No Imminent Threat: The law requires an intent to commit a crime with force or violence immediately. We can argue that whatever the police perceived, there was no imminent threat that justified shutting down a First Amendment-protected assembly and arresting participants.
Defense Strategy: The Dispersal Order Was Defective
You cannot be convicted for disobeying an order you never received or couldn’t understand. The burden is on the state to prove the order was lawful and effectively communicated.
- Inaudible or Unintelligible Order: We will investigate the conditions under which the order was given. Was it given during a chaotic and loud scene? From a distance? Through a faulty speaker? If you and other witnesses couldn’t hear or understand it, the refusal element is impossible to prove.
- Insufficient Time to Comply: Police must give people a reasonable opportunity to disperse. If they gave the order and immediately began making arrests without allowing a safe path for exit, we can argue you were not given a fair chance to comply. This happens frequently in fast-moving situations.
Defense Strategy: You Did Not “Refuse” to Leave
The state must prove a conscious refusal to obey. We can challenge this by showing your actions were not a willful defiance of the order.
- Attempting to Comply: Perhaps you were actively trying to leave the area but were blocked by the crowd, police lines, or other obstructions. If you were making a good-faith effort to comply, you did not “refuse” the order.
- Inability to Comply: If you were physically unable to leave—for example, if you fell, were helping someone who was injured, or were otherwise incapacitated—your failure to disperse was not a criminal act.
Defense Strategy: You Had a Lawful Purpose
The statute itself provides an explicit defense if you were present for a “lawful purpose” independent of the assembly.
- Journalist or Legal Observer: If you were present to document the event as a member of the media or a trained legal observer, you had a distinct lawful purpose for being there. We can present your credentials or other evidence to support this.
- Providing Medical Aid: If you are a medic or were actively providing first aid to someone who was injured, your purpose was to render aid, not to participate in an unlawful assembly. This is a powerful humanitarian-based defense.
- Innocent Bystander: If you were simply passing through the area on your way home or to work and were inadvertently swept up, we will argue you had no connection to the assembly and thus a lawful purpose for your presence in that geographic location.
Minnesota Unlawful Assembly FAQs — What You Need to Know Now
When you’re facing a charge like this, questions race through your mind. Here are straightforward answers to some of the most common questions I hear from clients across Minnesota.
Will I go to jail for Presence at an Unlawful Assembly in Minnesota?
While it’s possible, it is not the most likely outcome for a first-time offender, especially with a strong defense. The maximum sentence is 90 days in jail. However, a skilled attorney can often negotiate for alternatives like a fine, community service, or a continuance for dismissal, which would prevent both jail time and a conviction.
Can an unlawful assembly charge be dismissed?
Absolutely. Dismissal is often the primary goal. A case can be dismissed if we can show the prosecutor that they cannot prove one of the key elements of the crime, that the police violated your rights during the arrest, or that a key defense applies. Acting quickly to present your side of the story can significantly increase the chances of a pre-trial dismissal.
Do I really need a lawyer for a misdemeanor charge in Minneapolis or St. Paul?
Yes. Any criminal charge, including a misdemeanor, can result in a permanent public record. In busy courts like Hennepin County and Ramsey County, prosecutors and judges handle hundreds of cases. An experienced private attorney can give your case the individual attention it needs to find weaknesses and fight for the best possible outcome, something an overworked public defender may not have the resources to do.
How does the prosecution prove the assembly was “unlawful”?
They will use police reports, officer testimony, and any available video to argue that the group as a whole intended to or did commit an act of violence. My job is to challenge that narrative by showing the gathering was overwhelmingly peaceful or that the police overreacted to the actions of a few.
What if I didn’t hear the order to leave?
This is one of the most common and effective defenses. If you genuinely could not hear the dispersal order due to the noise of the crowd, distance, or a faulty sound system, then you could not have knowingly refused it. We would gather evidence from you and other witnesses to support this claim.
How long does an unlawful assembly charge stay on my record in Minnesota?
A conviction for any crime, including this misdemeanor, stays on your public record forever unless it is expunged. An expungement is a separate legal process that seals the record from public view. It is far better to fight the charge aggressively now to avoid a conviction in the first place.
I was just a bystander. How can they charge me?
Police in chaotic situations often make sweeping arrests. They are trained to clear an area, not to carefully distinguish between participants and innocent bystanders. If you were just passing by, this forms the basis of a strong defense that you were not “present” at the assembly in a legal sense and had a lawful purpose for being in the area.
Can I be charged if the protest was on public property?
Yes. Your First Amendment right to assemble is not absolute. The government can impose reasonable time, place, and manner restrictions. If a lawful assembly turns unlawful (due to violence or another crime), police can order it to disperse, even on public property like a park or sidewalk.
What’s the difference between this and a riot charge?
Presence at an Unlawful Assembly is a misdemeanor based on refusing to leave. A riot charge is a much more serious gross misdemeanor or felony. Riot requires that the person participated in the violent and forceful actions of the crowd, not just that they were present.
I have a clean record. Will that help?
Yes, having a clean record is very helpful. It allows your attorney to present you to the prosecutor and judge as a good person who made a mistake or was simply in the wrong place at the wrong time. This can be a major factor in negotiating a dismissal or a reduced charge.
What should I do if police want to question me?
You should politely decline to answer any questions and immediately state that you want a lawyer. Anything you say can and will be used against you. Do not try to explain your side of the story to the police. Let your attorney do the talking for you.
How much does it cost to hire a lawyer for this?
The cost will vary, but you should consider it an investment in your future. A conviction can cost you far more in the long run through lost job opportunities and other consequences. I offer a clear fee structure and will explain all costs upfront. Protecting your record is worth it.
The police took my phone. Can I get it back?
Yes. Police may seize your phone as evidence, especially if they believe it contains video of the event. Your attorney can file a motion to have your property returned. We will also fight to ensure they do not search your phone’s contents without a valid warrant.
What is a “continuance for dismissal”?
This is an excellent outcome that avoids a conviction. You agree to remain law-abiding for a set period (usually 6-12 months) and may have to complete other conditions. If you do so successfully, the charge is dismissed at the end of the period and never appears as a conviction on your record.
I’m not from Minnesota but was arrested while visiting. What happens now?
You will still have to deal with the charge in the Minnesota county where you were arrested. I have worked with many out-of-state clients. In many misdemeanor cases, I can handle most court appearances on your behalf, minimizing your need to travel back to Minnesota.
What a Conviction Could Mean for the Rest of Your Life
The immediate threat of jail or a fine is scary enough, but the true cost of a conviction for Presence at an Unlawful Assembly unfolds over years. These are known as collateral consequences—the hidden penalties that limit your freedom and opportunities long after your case is closed.
A Permanent Criminal Record
This is the most significant consequence. In the digital age, background checks are standard for almost everything. A conviction will show up for any potential employer, landlord, or licensing board to see. They won’t see the context; they will only see “guilty,” which can lead them to assume you are a troublemaker or a risk, closing doors before you even get a chance.
Trouble with Employment and Professional Licenses
Many employers have policies against hiring individuals with criminal records, especially for positions of trust. If you work in a field that requires a state license—such as nursing, teaching, real estate, or commercial driving—a conviction could trigger a review by your licensing board. You could face suspension or even revocation of the license you worked so hard to earn. Life after an unlawful assembly conviction in Minnesota can mean a permanent barrier to your chosen career.
Loss of Housing and Educational Opportunities
Landlords routinely run background checks. They often deny applications from people with criminal records, fearing they will be disruptive tenants. This can make finding a safe, affordable place to live incredibly difficult. Similarly, some colleges and universities ask about criminal history on their applications, and a conviction could impact your eligibility for admission, on-campus housing, or student loans.
Immigration Consequences
For non-citizens, including green card holders and those on visas, any criminal conviction can have devastating immigration consequences. While a single misdemeanor is not always a deportable offense, it can be considered a negative factor in future immigration applications, such as for naturalization. It can complicate re-entry into the United States and put your status in jeopardy.
Why You Need a Tough, Experienced Minnesota Unlawful Assembly Attorney
Facing the power of the state is intimidating. The prosecutor has the resources of the police department and the government behind them. To level the playing field, you need a dedicated advocate on your side who knows the system, isn’t afraid to fight, and is committed to your case.
Understanding the Local Courts is Second Nature
Every county in Minnesota, from Hennepin and Ramsey to St. Louis and Olmsted, has its own unique ecosystem of judges, prosecutors, and procedures. I have practiced in these courts for years. I know the prosecutors’ tendencies, I know what arguments resonate with which judges, and I know how to navigate the local system to your advantage. This inside knowledge is invaluable and something a lawyer who doesn’t focus on criminal defense simply won’t have. Hiring a criminal lawyer in Minneapolis for a Minneapolis case gives you an immediate home-field advantage.
Acting Fast Can Change Everything
The most critical window in a criminal case is often the first few days after an arrest. By hiring an attorney immediately, I can get to work before charges are even formally filed. I can contact the prosecutor, present your side of the story, point out the weaknesses in the police report, and argue for the case to be dropped before it ever gets off the ground. This pre-charge intervention can save you the stress, cost, and public embarrassment of a formal prosecution.
Building a Defense That Is All About You
You are not a case number. You are a person with a story, a family, and a future to protect. Unlike a public defender who may be juggling hundreds of cases, I have the time and resources to dedicate to you. We will sit down and go over every detail of what happened. I will listen. We will build a defense strategy that is tailored to your specific circumstances, your goals, and your life. Your story matters, and I will make sure the court hears it.
My Goal is a Win, Not a Quick Plea Deal
My objective is to achieve the best possible outcome for you, and that often means fighting for a full dismissal or an acquittal at trial. I will not push you to take a plea deal just to close a file. I prepare every case as if it is going to trial. This sends a clear message to the prosecutor: we are not afraid to fight, and if you want to proceed, you will have to prove your case. This aggressive posture often leads to better plea offers and more frequent dismissals. You need a fighter in your corner, and that is exactly what I am.