Minnesota Domestic Assault (Explained)

Domestic Assault cases more often than not arise out of a dispute between husband and wife, boyfriend and girlfriend or people living together.  Some recent high profile cases, in the State of Minnesota, include the prosecution of Chris Cook - the Minnesota Viking who was recently acquitted of such a charge. 

Of the cases I worked, both as a former prosecutor and now on this side of the aisle, these types of matters are often the messiest.  Not only are they difficult for the government to prove --- it can be equally as trying for the accused to demonstrate their innocence- especially without the help of an experienced Minnesota Criminal Defense Attorney.

Elements

Essentially, at its most simplistic level, Domestic Assault is the act of placing another person in fear of being harmed and/or in-fact harming that person.  Therefore, punching, slapping, hitting and/or almost any act of physical contact - or the threat of as much - can be construed to comport with a hyper-technical reading of the statute and subject you to a possible criminal conviction.

Level of Charges

5th Degree Domestic Assault is a Misdemeanor level offense punishable by a maximum of 90 days in jail and/or a $1,000 fine. However, Domestic Assault can be charged out at both a Gross Misdemeanor and a Felony based on the harm done and/or someones prior record.  See, convictions for these sorts of offenses are what are referred to as enhanceable offenses. As such, if a person is charged with 5th Degree Domestic Assault more than once with the same alleged victim (over a certain period of time,)than it can be charged as a Gross Misdemeanor (Maximum of one year in jail and a $3,000 fine) or even a felony if aggravating circumstances or prior offenses are present.

No Contact Orders

More often than not, a Domestic Assault case involves an Order for Protection or a No Contact order. This is an order by the Court that restricts the individual charged from having ANY contact (direct or in-direct) with the alleged victim. To have this type of Order vacated - and to regain contact - a Judge must allow it. No contact orders are very strict and any violation of the order could land the violator in jail - facing a whole new charge.

What You Should Do?

Whenever a case is analyzed it is critical to know details about the reason you were approached by police, what procedures the officers used during your seizure and subsequent arrest, what is contained in your record (ie., your prior criminal/traffic history,) whether the officer read you your Miranda rights when you were arrested, were you allowed to contact an attorney, and many other variables.

Understanding that there are a lot of balls in the air, the next best decision is to sit down with an experienced Minnesota Criminal Defense Attorney to get answers.  Remember, you're going to get one chance to get this right.  If you FAIL ... the consequences could be with you long after your court case is closed. 

It is very important to have legal representation since these are very serious types of cases. If you want to know what you need to know - and get insight into those things you didn't even know you didn't know - then call the Rolloff Law Office at (612) 234-1165 to set up a FREE CONSULTATION.  I'm a DA who has taken what the government taught me about prosecuting cases like this - to earn my clients fair and just results.

Assault - Defenses (Explained)

A charge of Assault - even if it is a Misdemeanor - is a serious offense. Not only can you suffer consequences in court (such as the imposition of a fine and/or jail time) but you could also be subject to collateral consequences - such as the loss of your privilege to own and possess fire-arms, your job, and in some instances even your home.

That being said, Assault is often a very difficult offense for the government to prove - especially if there are no witnesses to the incident and/or there are no physical injuries as a result of it.

When fighting these charges, an experienced Minnesota Criminal Defense Attorney should explore a number of possible defenses, including:

• That There Was No Intent

An Assault charge requires that the government prove that you intended to put someone in reasonable fear of physical harm and/or that you intended to use unlawful physical force on someone.  As such, one way to fight this charge is to demonstrate that you lacked intent.

An example: You're playing pool. Intending on taking a shot, the cue leaves your hands and strikes another patron who walks by at just that moment. The other person is struck by the cue and as a result is harmed. In this case, the prosecutor would have a difficult time arguing that you committed an Assault because the act (the pool cue leaving your hands and striking the other patron,) it could be argued was an accident; you never intended it to happen.

• The Harm Was Not Immediate

Under Minnesota Law, Assault is defined as is putting someone in fear of immediate bodily harm or death. Therefore, the way you fight this charge is to demonstrate that the believed harm was not immediate - nor was harm or death the intent of the act.

For example, you approach someone who owes you money - stomping your feet and stating loudly, "If you don’t pay your debt to me before the end of the day, you'll regret it!"  As a result, you're charged with Assault. 

Here, I'd argue that no such Assault occurred because the "harm" you sought to do wasn’t immediate enough. As a matter of fact, any harm that would take more than a few seconds to occur often disqualifies Assault as a possible charge. Furthermore, any fear the victim would have felt from your "threat" probably isn’t even reasonable since "you’ll regret it" is a fairly vague statement.

• Self-Defense

Another powerful argument is the one of self-defense. Often it can be asserted that although an Assault did occur, the person charged with it only acted as such because the "victim" had threatened him. In cases such as this, it is often a question for the judge (or jury) to determine. In doing so, they'll look at: Who was the aggressor? Was the belief that self-defense was necessary a reasonable one?" (and/or) Did the defendant use only reasonable force to defend himself?

You do have a right to defend yourself; however, you have to be cautious when doing as much. Self-defense does not give you a license to kick-ass.

Additionally, you also have the right to defend others - but (again) an analysis similar to that used when self-defense is raised is employed by the trier of fact.

• Attack the Witnesses' Credibility 

One of the best defenses is to challenge the credibility of witnesses - including members of law enforcement.  An experienced Minnesota Criminal Defense Attorney will probe any and all aspects of a witness' statement and the police reports - to root out any inconsistencies and/or the omissions. 

What Should You Do?

If you or someone you love has been charged with Assault, the first, best step you should take is to speak with an experienced Minnesota Criminal Defense Attorney. He can  help to preserve evidence, investigate and interview witnesses that you cannot or should not talk to yourself.

You can also help yourself by staying away from the alleged victim, following any conditions imposed upon you by the judge and avoid consuming any mood altering substances. In addition, NEVER talk to the police.  Statements that you provide them often will do more harm than good. You have the right to remain silent - use it.  Let your attorney do the talking for you.