Domestic Assault cases usually arise out of a dispute between husband and wife, boyfriend and girlfriend or people living together. No other offense leads to the types of issues that a call to police can bring. This is why you should contact a Minnesota Criminal Defense Attorney is you are facing this kind of charge. Here are some answers to common questions I receive.
What is Domestic Assault?
Domestic Assault is the act of placing another person in fear of being harmed and/or punching, slapping or hitting another --- and actually causing someone to be harmed.
5th Degree Domestic Assault is a Misdemeanor level offense punishable by a maximum sentence of 90 days in jail and/or a $1,000 fine. However, these are enhanceable offenses. As such, if a person is charged with Domestic Assault more than once with the same alleged victim (during a certain period of time) then it can be charged as a Gross Misdemeanor (where the maximum sentence is one year in jail and a $3,000 fine) or even a Felony if there are aggravating circumstances or a number of prior offenses on someone's record.
What is a No Contact Order?
All to often, a Domestic Assault case involves an Order for Protection or a No Contact order. This is an order by the Court that restricts the accused from having any contact (written, spoken, phone, in person, etc.) with the alleged victim. To have this type of Order vacated (and to allow contact to be resumed) a Judge must quash it. No contact orders are very strict and any violation of the order could land the violator in jail.
What Should You Do?
It is very important to have legal representation since these are very serious cases. If convicted by the Court --- you may be required to serve some jail time, pay a fine, get treatment or other "education" for alcohol or domestic abuse issues, and you may also see your gun privileges restricted.
Call the Rolloff Law Office today at (612) 234-1165 to set up a confidential, free consultation.