So You've been Charged with Domestic Assault; What's the Next Step?
In Minnesota, domestic assault, as defined by Minn. Stat. 609.2242, applies to acts of assault against a family member or a member of the defendant's household. These kinds of charges can be some of the most personal and heart-wrenching of any found in the criminal justice system. Jack Rice Defense provides an in-depth overview of the various aspects of domestic assault law in Minnesota. If you are facing domestic assault charges, make sure you consult with an experienced Minnesota criminal defense attorney.
If convicted of domestic assault, future charges can get worse. The term is “enhanced.”
Types of Domestic Assault:
Domestic assault encompasses several forms:
Inflicting harm on a family or household member.
Attempting to inflict harm on a family or household member.
Engaging in any action that induces fear of injury or harm.
Common Triggers:
Disputes between spouses are often the starting point for domestic assaults. Even a raised fist can constitute domestic assault, as it can instill fear of physical harm in the other spouse. In many cases, defendants face charges for causing bodily harm and instilling fear simultaneously.
Defining Family or Household Members:
According to domestic assault laws, family or household members include:
Parents
Children
Spouses
Blood relatives
Roommates or ex-roommates
Individuals with shared children
Boyfriends/girlfriends
Relationships between expectant mothers and fathers of unborn children
Levels of Domestic Assault:
Minnesota recognizes three levels of domestic assault:
Misdemeanor: Applies to first-time offenses with no prior convictions within the last ten years.
Gross Misdemeanor: Applicable when the offender has one prior domestic violence conviction within the past ten years.
Felony: Occurs when there are two or more domestic violence convictions within the past ten years.
Domestic Assault by Strangulation:
A specific type of felony domestic assault, defined by Minnesota Statute 609.2247, involves obstructing blood flow or breathing by applying pressure on the neck or throat. Assaults of this nature automatically constitute felonies, regardless of prior convictions, and carry penalties of up to three years in prison and a fine of up to $5,000.
Penalties:
Sentencing for domestic assault is contingent on the unique circumstances of each case. Nevertheless, Minnesota Statutes 609.03, 609.2242, and 609.2247 outline the penalties for domestic assault. Misdemeanors can lead to up to 90 days in jail and a potential fine of $1,000. Strangulation-related cases carry a sentence of three years in prison and a $5,000 fine.
Enhancements to Charges:
Minnesota permits enhancements to domestic assault charges based on prior violence-related convictions, including offenses such as violation of an order for protection, assault, stalking, and more. Penalties range from one year in jail and a $3,000 fine for one prior conviction to up to five years in prison and a $10,000 fine for two or more convictions.
Firearm Consequences:
Convicted individuals must surrender the firearm used in the crime, and may face a prohibition on future firearm ownership. Violating this order can lead to up to one year in jail and a fine of up to $3,000, constituting a gross misdemeanor offense.
Additional Collateral Consequences:
Apart from incarceration and fines, domestic assault convictions may lead to counseling, community service, probation, alcohol monitoring, and anger management. As of August 2020, many probation terms in Minnesota are capped at five years.
“Domestic assault charges can may you seem dangerous and unbalanced. It is the charge that does this and is one of the reasons you need to fight these charges so intensely.”
Conclusion:
Jack Rice Defense offers comprehensive guidance on domestic assault charges in Minnesota, addressing various facets including types of assault, penalties, enhancements, and collateral consequences. If you are facing serious domestic assault charges in Minnesota and need help, contact the experienced attorneys at Jack Rice Defense for personalized support.
