Domestic Assault (Explained)

If you have been accused of verbal or physical abuse against your spouse, child, domestic partner or other relative, you need swift, strong Minnesota Criminal Defense Attorney. 

A conviction can mean harsh penalties including prison, fines, loss of custody rights or loss of gun rights, and may even affect your job or future job prospects. Don’t risk it. 

Domestic Violence Accusations

Domestic assault charges are becoming more common — and more heavily prosecuted — in the State of Minnesota.  Believe it or not, someone can be charged with domestic abuse under the state’s law if you committed one or more of the following acts against a family or household member:

Physical harm, bodily injury or assault; and/or 

Cause someone to fear of imminent physical harm, bodily injury or assault

But in many cases, the charges arise from situations in which both parties  participate in escalating the conflict. 

To get to the bottom of messes like this, you need the immediate support of an experienced Minnesota Domestic Assault Attorney. 

At the Rolloff Law Office, we have extensive experience (first as a former prosecutor and now) defending both men and women against domestic assault charges that threaten their freedom and their rights. Don’t hesitate to get the protection and tenacious defense you need, especially if the charges arise during divorce, child custody or child support proceedings.  Call now: (612) 234-1165

If you have been accused of verbal or physical abuse against your spouse, child, domestic partner or other relative, you need swift, strong defense. A conviction can mean harsh penalties including prison, fines, loss of custody rights or loss of gun rights, and may even affect your job or future job prospects. Don’t risk it. I am Minnesota assault lawyer Dennis M. Lothspeich, and I will aggressively defend you. I have more than 25 years of experience as a formidable trial attorney and never hesitate to take my clients' defense into the courtroom.

Helping you understand domestic violence accusations

Domestic assault charges are becoming more common — and more heavily prosecuted — in Minnesota. You can be charged with domestic abuse under the state’s Domestic Abuse Act if you committed one or more of the following acts against a family or household member:

Physical harm, bodily injury or assault Terroristic threats Criminal sexual conduct

Interference with an emergency call Infliction of fear of imminent physical harm, bodily injury or assault

But in many cases, the charges arise from situations in which both people participate in escalating the conflict. You need the immediate support of a diligent Minnesota assault attorney if you are accused of:

Assault with a deadly weapon Spousal abuse Harassment Violating a restraining order

Child abuse Stalking Sexual assault False imprisonment

I have extensive experience defending both men and women against domestic assault charges that threaten their freedom and their rights. Don’t hesitate to get the protection and tenacious defense you need, especially if the charges arise during divorce, child custody or child support proceedings.

Fighting for your best results

When seeking a Minnesota assault attorney, you want one with a solid criminal defense background. I have the resources and knowledge to achieve positive results even in very complicated cases. I review the facts of your situation, gather evidence and meticulously attack the prosecution’s case against you. My goal is to get your charges reduced or seek an acquittal at trial. I stand by you and do my best to see you through one of the toughest experiences you may have to endure.

Get the defense you need from experienced Crow Wing County trial attorney Dennis M. Lothspeich

If you are facing domestic assault charges, I can help. Call me, attorney Dennis M. Lothspeich, at 218.825.0861 for a free initial consultation, or contact the law office of Dennis M. Lothspeich, P.A. online. I accept collect calls from jails and correctional facilities in Crow Wing and nearby counties and can arrange an immediate visit with you onsite if you are in custody and need assistance. I charge a reasonable flat fee, which is set up front. In some cases, my fee can be comfortably spread out into monthly payments during the duration of your case. My office is conveniently located across from the Crow Wing County Court House. I am happy to schedule an evening or weekend appointment if needed.
- See more at: http://www.brainerddwilawyer.com/firm/assault/#sthash.Mkj9aFt9.dpuf

Minnesota Domestic Assault Lawyer

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.

Minnesota Self-Defense (Explained)

In my humble opinion, too many Minnesota Criminal Defense Attorneys fail to consider the best "weapon" in their arsenal when defending clients against Assault cases --- The Self-Defense defense. All too often they forget that their are these affirmative defenses which can greatly increase the burden of proof imposed upon the government and their case.


The laws of the State of Minnesota provide, generally that you can use physical force upon another person in order to defend yourself or another from the use or imminent use of unlawful physical force by another. 

What this often means is - that you don't have to wait until you are hit by another before you protect yourself. If someone is in your face and about to hit you, you can push them away or hit them. Granted, it is always best to start with the least aggressive use of force first and see if that works. (Know this, you can almost never use deadly force as Self- Defense against another unless lesser force doesn't make sense and you or another are in imminent danger of being killed or seriously injured.)

Where My Experience Comes In

As a former prosecutor, I've seen Self-Defense used as a defense and I frequently see Self Defense - successfully in cases where my clients are charged with Assault.  As your attorney, I put forth this defense to protect you at trial, and make a case that the use or threat of use of force upon the "victim" was reasonable and excusable under the law. 

It is critical that my clients not give statements to police about the case, or the police will ask questions which defeat the expected use of this defense. Police are not looking to help the accused defend themselves and will only try to get evidence to help the DA win the case at trial.

If you have been contacted by police regarding an Assault charge - be smart, exercise your right to remain silent, and the Rolloff Law Office today at 303-731-0719.  Together, we can protect your future.

What are Common Defenses for Minnesota Criminal Charges?

When you face criminal charges, it is important to not only be aware of your rights but also the possible defenses available to you. While this post briefly identifies and explains some of the most common criminal defenses, an experienced Minnesota Criminal Defense Attorney should be able to advise you on the best defense for the circumstances of your particular case.

Self Defense

Self defense is a common criminal defense used by individuals who are charged with violent crimes such as Assault. When this defense is used, a suspect admits that they committed a crime, but justifies their actions by claiming the other person was threatening them. In this way, the suspect’s actions were not intentional or pre-mediated, but in response to behavior that threatened his or her own safety.

The Insanity Defense

The insanity defense is a controversial criminal defense used by individuals who do not have control of their behavior or do not understand that their actions were wrong. If an individual is not able to understand basic principles of morality or cannot …the law asserts that such people are not accountable for their actions. In this way, the insanity defense prevents people who do not have the capability to control their actions or the capacity to understand the consequences of their behavior from being punished as criminals. It is important to be aware that while individuals may not face criminal penalties if this defense is successful, they may be confined to a mental facility for a longer period of time than would have been permissible by criminal incarceration. 

Statute of Limitations Defense

If you are charged with a crime it is important to know that you may only be charged with a certain crime for a limited amount of time after an offense occurs; this is known as a statute of limitations. The statute of limitations varies depending on the crime and the state in which the crime took place. Therefore, it is very important to contact a criminal defense attorney if you have been charged with a crime that took place a number of years ago as the statute of limitations may have run out and you may not legally be tried for the criminal charges that you face. Be aware that statutes of limitations do not prevent you from being prosecuted when they expire. Rather, statutes of limitations prevent you from being charged with a crime when they are expired.

The Alibi Defense

An alibi is a strong criminal defense if you have evidence that supports you were in another location at the time an alleged criminal offence took place (see What’s an Alibi?). To assert this defense often demands that you have evidence and eyewitnesses that can testify to your whereabouts on the date in question. If you have sufficient evidence, the alibi defense is very powerful since you could not have possibly been in two locations at once. An experienced criminal defense attorney should be able to advise you on what kind of documentation you will need to support your alibi and help you track down eye witnesses that are willing to testify about your alibi.

The Entrapment Defense

It is illegal for the government to induce you to commit a criminal offense and then try to punish you. When the government acts in this way, it is called entrapment. While this can be an effective defense in criminal cases, it is not always the best defense. This is because you may still be convicted of a crime if the judge or jury believes you were predisposed to committing the crime anyway. A predisposition is largely based on prior criminal activity; therefore, if you have prior convictions for the same type of crime, entrapment may not be the best defense for your case.

Get a Former Offense Member or Your Defense's Side

There are many other defenses that may better suit the circumstances of your particular case. And an experienced Minnesota Criminal Defense Attorney should be able to advise you on how to develop a strong defense. Criminal charges are serious matters and it is a good idea to hire an attorney on your side.  Let me put my background as a former prosecutor to work for you to win you the results you're seeking.  Call today to see what a former DA can do for you and your defense.

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. 

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.