Wednesday, October 16, 2013

Minnesota Domestic Assault - Explained

A Minnesota Domestic Assault conviction can have serious consequences. Not only would one face the possibility of going to jail - such a conviction could also be used against you in a child custody dispute and/or divorce.  It could also cause you to lose your gun and hunting rights.  You could also be subjected to costly and intrusive treatment programs. If you or someone you love is facing such charges - you need to put up a fight ... and you should talk to an experienced, aggressive Minnesota Criminal Defense Attorney.  

How an Attorney Can Help

You really need an expert to examine the allegations and identify the best defense strategy for your case. A lawyer can help prove that the accusation against you is false and/or was made up in the heat of an argument, as retaliation, or to gain an upper hand against you in a divorce or other court proceeding. He can also rove you that you acted in self-defense or that you did not have the requisite intent to cause the harm.

Domestic Assault Information

According to Minnesota law, domestic assault is defined as either the intent of causing fear of death or immediate bodily harm upon another, or an attempt to inflict or the actual infliction of bodily harm upon another.

Domestic assault is assault on a family member or household member, including any of these relationships:

Parents and children
Spouses and former spouses
Individuals related by blood
Individuals who are currently living together
Individuals who have lived together in the past
Individuals who have a child in common
A man and a woman, if the woman is pregnant and the man is alleged to be the father

Domestic assault is considered a misdemeanor if it is a first-time offense or if the offender has had no convictions related to domestic violence in the past 10 years.

It is considered a gross misdemeanor if the offender has had one conviction related to domestic violence in the past 10 years.

Domestic assault is considered a felony if the offender has had at least two convictions related to domestic violence in the past 10 years. Penalties include up to 5 years imprisonment and/or a $10,000 fine.

Domestic Assault by Strangulation

By definition, strangulation is intentionally obstructing another’s blood circulation or normal breathing by putting pressure on the neck or threat, or by blocking another’s mouth or nose.

Domestic assault of a family or household member by strangulation is considered a felony. Penalties may include up to 3 years imprisonment and/or a fine of up to $5,000.

You are presumed innocent. Just because you have been charged with Domestic Assault does not mean that you are guilty. To protect your rights and your future, call the Rolloff Law Office at (612) 234-1165

1 comment:

  1. Affray
    In a criminal case, the state, through a prosecutor, initiates the suit, while in a civil case the victim brings the suit. Persons convicted of a crime may be incarcerated, fined, or both. However, persons found liable in a civil case may only have to give up property or pay money, but are not incarcerated.