Minnesota Domestic Assault Attorney

An investigation (and allegations) of domestic assault within the home may often lead to a criminal charge.  If you have been cited for as much, it is important to get information from an experienced Minnesota Criminal Defense Attorney.

Domestic Assault

In addition to criminal charges, a crime related to domestic violence could also result in the issuance of a civil restraining order. 

The law setting forth what constitutes the Crime of Domestic Assault --- explains that one has committed a misdemeanor if his or her intended action is to create fear of imminent physical harm or death in a family member.

Family Member 

According to the law a family or household members can include the following:

• Spouses and ex-spouses of the defendant
• Children and parents of the defendant
• Any person related by blood, such as siblings
• House-mates or past house-mates
• Co-parent to a child of defendant
• Pregnant woman if defendant is the alleged father

Also --- when someone is sexually involved with another ... that person is also considered covered family member for the purposes of domestic assault crimes.

It is also a violation if he or she purposely does exact or does attempt to exact bodily harm on someone in the family.
 

If you are looking for help --- please feel free to contact the Rolloff Law Office to get Free Answers: (612) 234-1165

Minnesota Assault Laws (Explained)

The laws of the State of Minnesota divide the Assault offense into five degrees (or severity levels).  The consequences of a conviction can vary widely from a misdemeanor sentence all the way up to a felony sentence (of 20 years in prison and a $30,000 fine.) The degree for which someone is charged depends on a number of factors including one's prior record and the harm alleged to be inflicted upon the victim.

Believe it or not --- it is not necessary to hit someone in order to be convicted of the crime.  The main element in the crime is intent.  The government only needs to prove that you intended to cause fear in another of an immediate bodily harm or death.  If, after reading this information, you need more information: contact an experienced Minnesota Criminal Defense Attorney.  

Fifth Degree Assault --- Minnesota Statute § 609.224

The fifth degree offense is typically charged as a misdemeanor. It is the simplest form of the charge However, this crime can also be charged as a gross misdemeanor or felony if committed within varying time periods of a previous convictions.

Fourth Degree Assault --- Minnesota Statute § 609.2231

Fourth degree assault can be charged as a gross misdemeanor or felony.  A charge fourth degree charge is usually the result of an assault on a police officer or other emergency personnel.

Third Degree Assault --- Minnesota Statute § 609.223

Third degree assault usually stems from the victim suffering an injury defined as substantial bodily harm.  A third degree charge can also arise from certain bodily harm to a child under the age of four.

Second Degree Assault --- Minnesota Statute § 609.222

Second degree assault is usually charged when the offense involves the use of a deadly weapon.  The maximum penalty for a second degree offense is seven years in prison and a $14,000 fine.  However, if the offense resulted in substantial bodily harm the maximum sentence is raised to 10 years in prison and a $20,000 fine.

First Degree Assault --- Minnesota Statute § 609.221

When the victim suffers great bodily harm (i.e. an injury that creates a high probability of death, serious and permanent disfigurement, or the protracted loss or impairment of a bodily member).  First degree charges can also result from an assault on a police officer involving the use or attempted use of deadly force.  The maximum sentence for a first degree conviction is 20 years in prison and a $30,000 fine.

Consequences

A conviction for assault can have devastating outcomes.  Maybe you will get a jail sentence, maybe you will lose your professional license .. your right to possess a firearm, or maybe you will lose your permanent legal residency status if you are a non-citizens.  Also --- a conviction may impact how future conduct is charged.  Therefore, it is crucial to have an experienced defense attorney in your corner.  

The Rolloff Law Office will be happy to review your case with you and discuss the factors leading to the specific charge that you are facing and we can help to outline a strategy to obtain the best possible result --- based on your specific circumstances. 

Contact us today to set up a FREE CONSULTATION: (612) 234-1165

Fighting Minnesota Domestic Assault Charges

Believe it or not --- you can be charged with Domestic Assault in the State of Minnesota without even physically touching anyone. Due to the often bizarre nature of these charges - and the serious consequences - you should speak to an experienced Minnesota Domestic Assault Attorney.  

What Is Domestic Assault in Minnesota?

True --- it is not necessary to touch the victim in order to be charged with domestic assault. The Minnesota statutes set-forth that if a person commits an act against a family or household member with the intent to cause fear in another of immediate bodily harm or death; or intentionally inflicts or attempts to inflict bodily harm upon another, he is guilty of domestic assault.  The laws further define “family or household members” to include: spouses and former spouses; parents and children; persons related by blood; persons who are presently residing together or who have resided together in the past; persons who have a child in common regardless of whether they have been married or have lived together at any time; a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time; and/or persons involved in a significant romantic or sexual relationship. Under this definition, any violent act could be considered domestic assault if it’s against a family or household member and it causes fear of bodily harm or death; and/or if someone attempts to cause or actually causes bodily harm.

Minnesota Domestic Assault Punishments

There are different levels of a domestic assault offense depending on the circumstances of the alleged crime.Domestic assault is generally a misdemeanor offense, which is punishable by up to 90 days in jail, a fine up to $1,000, or both.Domestic assault becomes a gross misdemeanor if the offender commits a domestic assault within 10 years of a previous domestic violence-related offense conviction or an adjudication of delinquency. A gross misdemeanor is punishable by up to one year in jail, a fine up to $3,000, or both  If a firearm was involved in the domestic assault, further consequences could include forfeiting your firearms as well as not being allowed to possess any type of firearm for any period longer than three years or for the remainder of your life.You can also be charged with felony domestic assault if you commit a domestic assault within 10 years of two or more previous domestic violence-related offense convictions or adjudications of delinquency. A felony domestic assault is punishable by up to five years in prison, a fine up to $10,000, or both.

 
Fighting Your Minnesota Domestic Assault Charge

Domestic assault charges are taken seriously in our state and can negatively impact all aspects of your life. If you want the best chance to beat your domestic assault charges and clear your name, reach out to an experienced Minnesota Domestic Assault Attorney today to get started on fighting for your rights. Contact the Rolloff Law Office to aggressively challenge these allegations.  Call today: (612) 234-1165

Hennepin County Disorderly Conduct (Explained)

Disorderly conduct is often referenced (and used) as a catch-all for any random, disruptive criminal activity, activity that disrupts the public peace --- and pisses-off a cop. That being said, being charged with this offense can have lasting repercussions ---- and you should get some FREE ANSWERS from an experienced Minnesota Criminal Defense Attorney.

Disorderly Conduct (Explained)

If you are charged with disorderly conduct, you could have been doing any number of things. While this crime covers many activities, it is prosecuted with targeted focus by the State of Minnesota.


You may have been in the wrong place at the wrong time or caught up with the wrong group of people. Perhaps you don’t feel you did anything wrong --- but instead are being found guilty by association. This is why you should talk to The Rolloff Law Office.
The Laws & Penalties


The offense of disorderly conduct can apply to many incidences. It is considered a misdemeanor and is thereby punishable by up to 90 days in jail and $1,000 in fines.
 
You may face charges of disorderly conduct if you:

• Make loud or disturbing noise near residence or public buildings that causes unreasonable distress to the people occupying said building,
• Direct abusive language or gestures at someone, knowing that those words or gestures are likely to provoke a violent reaction,
• Disturb any lawful assembly or meeting with the intent to disturb,
• Disrespect or defile the American flag or cause others to do the same, or
• Obstruct a sidewalk, road, or street with the intent of preventing its lawful use by others. 

Charges like these are doled out in many circumstances and all too often because another law doesn’t apply. If you are facing this charge and you wonder what you did to deserve them, contact The Rolloff Law Office  to discuss your case today --- and what can be done to keep it off of your record.  

All criminal charges should be taken very seriously by the experienced criminal defense attorneys that handle them. I am a former prosecutor ... I know you are going through a difficult time with this case and I want to be the one to help.  Call today: (612) 234-1165

Scott County Domestic Assault Attorney

Have you or someone you love been accused of domestic violence?  All too often this means that they have have been accused of causing a family or household member bodily harm. If this is the case - understand that: There are very serious consequences that one could experience if he/she is found guilty --- including: jail time, fines, and a criminal record that follows you for the rest of your life.

If you have been accused of domestic assault, it is important to work with a Scott County Criminal Defense Attorney who puts your best interests first. 

WHY HIRE A LAWYER?

Unfortunately, there are times when domestic assault allegations arise out of other conflicts. Perhaps there is a divorce going on or there is a child custody battle. It is unfortunate that there are such cases, which makes it even more important to defend yourself against the charges.

If convicted, the conviction will most likely negatively impact any battle for child custody and could have an influence on the divorce. If convicted of domestic assault, you could also be subject to an order for protection, which could affect your ability to see any children you may have or how you see them.

Violating an order for protection is an offense in itself. If it is violated, you could be looking at time in jail.

Other consequences of a domestic assault conviction include anger management courses, counseling, and probation. Avoiding as many of the consequences as possible is why you need a Minnesota Criminal Defense Lawyer by your side every step of the way. 

Even if there is some merit to the charges, you can still have a much better future than you would have if you didn’t effectively defend yourself. Sometimes charges can be inflated and that means paying penalties that are harsher than what you should have to pay. By using the facts in your case, a fair outcome can be had.

WHAT NOW?

Domestic assault is aggressively pursued and prosecuted in Minnesota because of what can potentially result if legitimate cases are allowed to continue. 

If you have been accused of domestic assault, whether the charge is legitimate or not, you need the experience of a qualified criminal defense attorney to protect your interests. To learn more, call the Rolloff Law Office at (612) 234-1165.

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

Minnesota Disorderly Conduct (Explained)

The State of Minnesota defines Disorderly Conduct as the crime of engaging in a brawl or fight, disturbing an assembly or meeting, or engaging in offensive, obscene, abusive, boisterous or noisy conduct, or in offensive, obscene or abusive language that arouses alarm, anger or resentment in others.  


All too often, law enforcement and prosecutors use this as a “catch-all” offense.  If you have been charged with disorderly conduct, you next best step is to contact a Minnesota Criminal Defense Attorney who can help explain your rights and options.  

How Will I Know When I'm Being Disorderly?

Law enforcement can arrest an individual for Disorderly Conduct if that person is disruptive in some way, even if there is no threat of assault or imminent harm to others.  Prosecutors are often overzealous in viewing  certain actions as criminal ones, such as throwing a snowball at a neighbor’s child, yelling at a person in a bar, or making an ”obscene”  gesture in a public place.

Some specific examples of disorderly conduct include:

Public drunkenness
Inciting a riot
Disturbing the peace
Loitering in certain areas
Fighting or other  physical altercations
Obstructing traffic
Use of extremely obscene or abusive language
Loud or unreasonable noise

Penalties for Disorderly Conduct Charges

Those charged with disorderly conduct may be subject to jail time, probation, fines, community service, and restitution.  You may also end up with a criminal conviction on your record.  Whether any of these are imposed depends largely on the nature of your offense and the skill of your Minnesota Criminal Defense Attorney.

What Should You Do?

If you or someone you love has been cited for Disorderly Conduct, contact The Rolloff Law Office for a FREE consultation!  Call (612) 234-1165.  You have options - get FREE answers before you commit to anything.

Minnesota Domestic Assault & Gun Rights (Explained)

As a Minnesota Criminal Defense Attorney, I gets lots of questions about Domestic Violence.

Domestic Assault is generally defined as either "an act intended to cause fear of immediate bodily harm or death" or "an attempt or actual infliction of bodily harm upon another" who is a household member.  

This can include any of the following relationships:

• Spouses and former spouses;
• Parents and children;
• Persons related by blood;
• Persons who are presently residing together or who have resided together in the past;
• Persons who have a child in common regardless of whether they have been married or have lived together at any time;
• A man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time; and
• Persons involved in a significant romantic or sexual relationship.

These definitions are quite important since it is a common misconception that two persons must actually live together to be in a domestic assault.  Likewise, domestic assaults do not only occur between spouses or between parents and children. 

Levels of Domestic Assault

Domestic Assaults are known as "enhanceable" offenses in Minnesota.  This means if a person is convicted of domestic assault, any future charges and convictions for assault or "qualified domestic violence-related offenses" will be treated harsher.

• Misdemeanor: First-time offense or no qualified domestic violence-related convictions in the past 10 years;
• Gross Misdemeanor: One prior qualified domestic violence-related conviction in the past 10 years;
• Felony: Two or more qualified domestic violence-related convictions in the past 10 years (maximum punishment of 5 years in prison or $10,000.00, or both.)

 Qualified Domestic Violence-related Offenses in Minnesota

What is considered a "qualified domestic violence-related offense" under the laws of the State of Minnesota --- here are some examples:

• Violation of a domestic abuse order for protection
• Violation of a domestic abuse no contact order (DANCO)
• Murder in the First and Second Degree
• Assault in the First, Second, Third, Fourth and Fifth Degree
• Domestic Assault
• Domestic Assault by Strangulation
• Criminal Sexual Conduct in the First, Second, Third or Fourth Degree
• Malicious Punishment of a Child
• Terroristic Threats
• Violation of a Harassment Restraining Order
• Stalking
• Interference with an Emergency Call

As you'll note, someone with any of these convictions who then commits a Domestic Assault will face "enhanced" charges and more severe penalties.

Domestic Assault and the Effect on Firearms in Minnesota 

If an individual is convicted of Domestic Assault, and the court determines that the victim was a family or household member, the defendant can be prohibited from owning and possessing fire arms - forever!

Common Defenses

Some defenses to domestic assault include self-defense, defense of another person, defense of property and false allegations.  It is a common scenario to have one the defendant and the alleged victim as witnesses to the assault.  These cases are often referred to as "he said, she said" scenarios.  Factors to consider in such cases include the credibility of the witnesses and the criminal history of the defendant.  Because of assault case presents different facts and circumstances, it is wise to seek the opinion of a criminal defense attorney on possible defenses and the likelihood of success at trial.


What to Expect


Persons charged and convicted of domestic assault can expect to have their right to carry firearms taken away, as discussed above.  Defendants can also expect a combination of the following: probation usually lasting 2 years, a monetary fine, no contact with the victim, substance abuse counseling or treatment, community service, anger management classes, electronic home monitoring or local jail time.  First-time offenders typically serve no jail time or a very short amount of jail time (such as 2 or 3 days, which oftentimes can be served through community work service or house arrest).  For second and subsequent convictions, these same expectations exist but the length or probation is increased along with the likelihood the person will serve time in local jail.
Each case has unique facts and circumstances.  Furthermore, not every city and county handles domestic assault cases the same way.  Harsher punishment is typically sought in cases where the victim was badly hurt, alcohol or drugs were involved, there is a pattern of abuse, a weapon was involved or where the defendant has prior criminal convictions.


Domestic Assault Defense Attorney in Minneapolis, Minnesota


If you face domestic assault charges in the Twin Cities, call the criminal defense attorneys of Keyser Law Firm at (612) 338-5007 for a free consultation.  You can also fill out the "Free Consultation" box on this page to directly e-mail our attorneys.  Our fees are affordable and we accept payment plans for select clients.

Minnesota Domestic Assault Attorney

Troubled relationships can be some of the most complex and difficult situations people face on a daily basis. Unfortunately, a notable number of individuals end up facing Minnesota Domestic Assault charges every year. If you have found yourself in the unfortunate position of having been charged with Domestic Assault or you must make certain that you waste no time in obtaining appropriate representation from an experienced, Minnesota Criminal Defense Attorney who is knowledgeable and compassionate. 

Why Is This Important?

Domestic violence cases represent one of the most challenging areas of the law. Not only are these cases complex from a legal standpoint, the level of emotions associated with these by definition are highly charged. Therefore, it is crucial that if you have found yourself facing a domestic abuse, assault or violence case that you promptly obtain skilled representation from an experienced Minneapolis domestic assault attorney.

J. Rolloff has devoted a considerable portion of his professional career to assisting people in resolving domestic violence cases. Not only does he fully understand the "ins" and "outs" of the law, not only does he understand how to present a strong defense in court, he thoroughly appreciates the painful emotions that you are experiencing and that are at the heart of a domestic assault case.

What Now?

The Rolloff Law Office has represented men and women from all walks of life who have faced charges of Domestic Assault. As a consequence, he understands what must be done in order to protect your rights and interests in light of these types of charges. Additionally, he realizes what steps need to be taken to ensure that you are able to have reasonable access to your children should a No Contact or Restraining Order have been entered by the court in light of your spouse or significant other filing a complaint against you.  if you need help - call now: (612) 619-0262.

Minnesota Police and the 5th Amendment (Explained)

Based on a number of conversations I've had lately, it appears as though your Fifth Amendment right to remain silent, as set forth in the constitution, and Minnesota Law Enforcement's job appear to be more in conflict than ever. Why? Well, the cops know that almost anything you say can hurt your criminal case and as such they'll try stop at nothing to question you.  This is why, before you ever submit to any interrogation by a peace officer you should ask to have your Minnesota Criminal Defense Attorney present.

Why Would Anyone - Ever - Talk to the Police?

The problem is when we are accused of and/or even just asked about something we have this natural inclination to try and explain ourselves.  Where this becomes problematic is when law enforcement is involved and we try to convince them that we've done nothing wrong. What you may not know is that many police are: (1) not interested in the truth, and/or (2) already believe the first person who told them their story and, based merely on that, have already made up their minds about what happened.

Seriously,  a sort of "tunnel vision" sets in - and even if you offer a plausible alternative to what they believe has happened - they just won't listen.  Why?  Well, believe it or not the cops are often motivated by factors other than the truth. For example, they may be in a hurry with only a few minutes to spend on a certain case - and they just want to write their report, issue a summons and be done it. At other times, they have a number of open files -  stacked up one after another - so they get lazy. Or, they may not like you for some reason and have no interest in finding another suspect responsible for the crime your accused of committing. Therefore, it is simplest to just charge you --- and maybe the "truth" will get worked out later.  Finally, they may just want a conviction statistic more than they want the truth.

The Real Problem

The number one issue, in my opinion, is that law enforcement all too often believe the first person to call them - and from there on out (once they've talked to their "victim") they make up in their minds about what happened.  And, as a result, they talk with you (or anyone on your side) using that filter - listening only for incriminating statements and interpreting your words in a conviction oriented manner. Honestly, they pretend to want to get at the truth only to keep a suspect talking. Then, they write down all the negative things you say and ignore the positive.

Somehow, individuals accused in criminal cases forget that police are experts in getting convictions and that they are not your friend. Convictions are their job and they are good at it. Only with silence can the accused stop police in their tracks.

What Are You Going to Do?

If you have been contacted by police, exercise your Fifth Amendment right to remain silent and call The Rolloff Law Office at (612) 234-1165. Together, we can protect you, your family and your future.

Lawyers, Guns and Money (Explained)

With apologies to the late great Warren Zevon ... as an experienced Minnesota Criminal Defense Attorney I often need to advise and advocate for clients on issues related to firearms. 

The situation could be one where someone is accused of crime based on a gun - for example, the charge of Felon in Possession or he or she might be facing an enhanced charge or sentence based upon a gun  - for example, a Minnesota Statue 609.11 

In addition, criminal charges and/or convictions can impact an individual's right to own and possess firearms --- to extents never explained to them by a prosecutor or judge --- even when the crime they're charged with/convicted of had absolutely nothing to do with a gun - such as in cases of Domestic Assault and certain Drug Charges. 

What are Common Gun Crimes

As an experienced Minnesota Criminal Defense Attorneys I am often asked about common fire-arm related offenses - and their impact on one's future ability to own or possess guns.  Here is just a partial list of the more common offenses that could impact that equation:  

• Possession of firearm by ineligible person;
• Possession of firearm with removed serial number;
• Reckless discharge of a firearm, or Intentional Discharge of a Firearm Under Circumstances that Endanger the Safety of Another; and
• Carry without permit, unless exception applies. Carrying of weapons without permit, non-prohibited persons.

Minnesota law prohibits any person, other than a law enforcement officer or a state prison guard who is performing assigned duties, from carrying a pistol in a motor vehicle or in a public place without obtaining a “permit to carry.”

However, a permit to carry is not required to carry the pistol in the following situations:

•  in one’s home, place of business, or on one’s land;
•  from the place of purchase to one’s home or place of business;
•  from one’s home or place of business to a repair shop;
•  between one’s home and place of business;
•  in the woods, fields, or on the waters of this state for hunting or target shooting in a safe area; or
•  in a motor vehicle, snowmobile, or boat if the pistol is unloaded and in a secured box or package.

Enhanced Sentences

In addition to crimes based upon prohibited possession or uses of firearms, Minnesota has criminal statutes which enhance penalties or provide “mandatory minimum” sentences, if some other type of underlying crime is also associated with a gun in certain ways. If a gun is possessed or used impermissibly in relation to one of those other, listed crimes, then a mandatory minimum sentence can apply. 

However, an experienced Minnesota Criminal Defense Lawyer will try to get a prosecutor to agree to drop a gun enhancement under 609.11. If that does not succeed, I can also make a motion to the court to do so.  This called a "Royster" motion.   

Right to Own & Possess Fire Arms

When it comes to a person losing  their civil rights to purchase, possess, or use firearms, there are many ways that this can happen.  The two most common scenarios I've observed are:

1. someone one who has lost their civil rights to firearms due to a felony conviction; and
2. when someone has been charged with/convicted of a selected misdemeanor, or other crimes of domestic violence. 

One abnormality in this whole scenario that a felon in the State of Minnesota, who has completed probation, can apply to have their rights restored if they petition the court for their restoration and the court grants that request.  However, a person convicted of, for example, misdemeanor domestic assault cannot.  

What Should You Do?

Who would have thought getting in trouble was the easy part?  Seriously though, this is a very complicated area of the law and if you or someone you love (who loves to hunt or own and possess fire arms) has been charged with an offense that might impact their 2nd Amendment rights, you owe to him or her to at the very least speak to an attorney.  I've worked with individuals on cases where guns rights was an issue. 

Call the Rolloff Law Office today - (612) 234-1165 - to set up a free consultation to learn about how you can preserve not only your rights - but also your future.   

Drinking, Hunting & Criminal Convictions (Explained)

I dare to say - after complaining about the Vikings --- most Minnesotans favorite past-time is hunting.  And, like with most extra-circular activities, adult beverages can be part of that enjoyment. However, (in addition to just how smart (or not) trolling the woods with a buzz and a loaded fire-arm might be,) it begs the question: “Can I drink and hunt?”

Under the laws of the State of Minnesota, a person may not take wild game (with a firearm or by archery) if the individual is under the influence of alcohol or a controlled substance.  A person is considered under the influence - much like with a Drunk Driving arrest situation)  when the person’s alcohol concentration is (.08) or more; when the person’s alcohol concentration is (.08) or more within two hours of the taking of wild animals; or the person is knowingly under the influence of any chemical compound. 

Now, what this maens essentially is that a person needs not be "drunk" in order to be found guilty of hunting under the influence; rather, they need only be under the influence to the extent that it would make it less safe for them to hunt than it would have been had they not been under the influence to any extent.  (Get that?  Me either, and I'm an experienced Minnesoat Criminal Defense Attorney.  But seriously, I have had some experience with individuals who run up against accusation of hunting while under the influence.  If you find yourself having to answer such questions and/or charges, you need to get a lawyer involved for the consequences can be long-lasting.)

Criminal Records and Fire-arms

Even for those that do not wish to drink and hunt, your criminal record could prevent you from partaking in this past time.  With certain limited exceptions, the following individuals are not eligible to possess a firearm, include those who:

• Arender the age of 18; 
• Have been convicted of a crime of violence or a felony-level drug offense; 
• Have been charged with a crime of violence; 
• Have been convicted in another state of non-felony domestic assault or repeat assault; 
• Have been convicted of a felony punishable by imprisonment for more than one year; and 
• Are currently charged with a felony punishable by imprisonment for more than one year.

 What Should You Do?

You know, if you enjoy hunting - but you've had some problems in the past - be smart about it.  Make sure you are eligible to possess a firearm and  if you're going to consume any alcohol, be aware of the regulations and the repercussions for failing to abide by the statute.  If something has gone terribly awry, and you think you need a lawyer, feel free to call the Rolloff Law Office at (612) 234-1165 and we can work with you to minimize any unforseen complications.jmr

Top 5 Minnesota Assault Questions

Minnesota Assault charges and thier close relatives - Domestic Violence cases - are often the most difficult kind of legal affair. This goes not only for the person charged but also the other parties involved.  If you've been charged with an Assault, as a former prosecutor, I know what you're up against.  In general, the laws are set up to protect the victim. For this reason, you need an experienced Minnesota Criminal Defense Attorney on your side, to get your voice heard, to argue your position and to protect you and your rights during every stage of the criminal justice process.

The Top 5 things you need to know about a Minnesota Assault charge

#1
There are two different types of Minnesota Assault charges. In Minnesota, there is the charge of just "plain" Assault and then there's "Domestic" Assault.  What makes an Assault a "Domestic" Assault?  Generally speaking, "Domestic" crimes are those that occur between people who have a significant relationship with one another - from a wife, to a sibling to a roommate.  The definition is broad and tends to cover almost everyone but a stranger.  Why is it important - this difference?  Well, one big part of that is the fact that if you plead guilty to “Domestic” Assault you will be banned, by federal law, from owning or possessing a firearm - for life. This means you cannot hunt or possess a firearm - for any reason at anytime.

#2
An experienced Minnesota Criminal Defense Attorney can gives you the best chance of getting your case dismissed or having the charges filed against you lowered. Why is this important?  Because, if you plead guilty to, or are found guilty of, assault - you face HUGE complications when it comes to your next job or finding a place to live.  The true fact of the matter is, people are reluctant to hire individuals who have been convicted of crimes of violence - like Assault.

#3
Most individuals charged with Assault will be ordered to stay away from the alleged victim.  Why is this important?  If a judge orders you to not have contact with someone else - if you violate that order you could be charged with another crime: Violation of  a "No Contact" Order.  Also, a "no contact" order could have the effect of barring you from your own home.  If you hire an experienced Minnesota Criminal Defense Attorney, he can assist you in getting that type of order lifted or modified so that you don't run the risk of making an already bad situation worse.

#4
Physical contact is not necessary to be charged with Assault. Minnesota law (link) dictates that in addition to touching or physically harming another, an individual can also be charged with an Assault just by causing someone to fear harmful contact.  Believe you me, this does happen.  Why is this important? Often cases like this come down to a "he said - she said" argument (especially where there are no physical injuries) and often the only way you're going to get someone to listen to your side of the story is by having your lawyer tell it for you.

#5
Your Fifth Amendment Privilege.  In some cases, where what was really a mutual Assault - both parties can be charged with a crime. Why this is important? In this situation, an effective defense strategy can often involve getting both parties their own witness attorneys, to checkmate the prosecution and get the charges dismissed outright.

What Should You Do
If you have been charged with an Assault you are probably afraid and uncertain of what to do or where to turn. Right now, the best decision you can make is to consult with a Minnesota Criminal Defense Attorney. Contact the Rolloff Law Office to speak with me. I have worked dozens of these cases - from both sides of the aisle.  I have the experience needed to guide you through the unfamiliar territory of the criminal justice system and provide you the honest answers you need at this very difficult time. Call today to set up a FREE, no obligation consultation.