Domestic assault is a sensitive subject in Minnesota, no matter how you approach it. Due to the implications of someone intentionally harming their loved ones, judges, juries, and the public can quickly label anyone who is accused as guilty. This often creates an imbalanced criminal justice system that the alleged offender must navigate to clear their name or reduce their charges. Any advantage they can get is necessary, and that generally begins with understanding the groundwork rules of the domestic assault laws in Minnesota.
Components of a domestic assault laws in Minnesota include:
- Action: The infliction of fear or actual bodily harm against someone through intentional means. Behavior or actions that can constitute domestic assault include violating orders of protections, assault, battery, murder, sexual misconduct, maliciously punishing a child, stalking, or preventing emergency intervention.
- Target: Domestic assault must involve harming someone who is a family or household member of the offender. People who fit into this category include spouses, ex-spouses, parents, children, blood relatives, current or former roommates, romantic partners, and people who share children together.
- Penalties: Domestic assault can be considered a misdemeanor, gross misdemeanor, or a felony. The legal penalties upon conviction can include imprisonment up to 5 years and fines up to $10,000; lesser charges will likely include 364 days in jail and $1,000 in fines. Restitution could be ordered to be paid to the victim. The right to possess or use a firearm can also be restricted or removed.
- Escalating factors: Misdemeanor domestic assault can be increased to a felony based on a variety of escalating factors. Some of these factors include the young age of the victim, inclusion of a deadly weapon during the assault, extent of damage actually done, and priors of offender.
Have you been accused of domestic assault in Minnesota? You need to act quickly to start protecting yourself from the possible penalties. Many people are convicted based on misunderstandings, exaggerations, and entirely false claims when they do not make an effort to strengthen their defense.
At Brockton D. Hunter P.A., our Minneapolis criminal defense lawyers can help you in your hour of need. We are highly-rated by our clients and led by Attorney Hunter, who has been a Minnesota Super Lawyers® member six years consecutively. Contact our firm today to request your free consultation.