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
If you have been charged with the offense of Receiving Stolen Property --- you should seek out come input from an experienced Minnesota Criminal Defense Attorney. Even after you have read this post.
This offense is defined as: any person who receives, possesses, transfers, buys or conceals any stolen property or property obtained by robbery, knowing or having reason to know the property was stolen or obtained by robbery. In many respects, the accused are treated like those who commit Theft. (Another crime that is similar to the receiving of stolen property is pawning of stolen property.)
What Can Happen
This crime can be charged as a felony, gross misdemeanor and/or a misdemeanor. The penalty range is dependent upon the conduct and the amount of the theft. For instance, for certain felonies the defendant faces a maximum penalty of 20 years in prison and/or a $100,000 fine. But, if the value of the property stolen on the lower end --- the maximum penalty is 5 years in prison and/or a $10,000 fine. Or -- if one is charged with a gross misdemeanor – the maximum penalty is up to one year in jail and/or a $3,000 fine. And, if the value of the stolen property or services is less than $500, it is a misdemeanor and the defendant can be sentenced to 90 days in jail and/or a fine of $1,000. Disregard these numbers --- if the act creates a reasonably foreseeable risk of bodily harm to another person. If that's the case: the penalties described above are enhanced
A good argument --- if you have been accused of receiving stolen property is claiming that you were ignorant to the fact that it was stolen. The requisite knowledge and intent is critical to the case, and often may be difficult for the State to prove. Additional defense arguments center on whether the the accused had a claim of right to the alleged stolen property, and whether the State can prove the value of the property in order to meet the gross misdemeanor or felony thresholds for the criminal penalties. Most good theft defenses will require careful scrutiny by a Minnesota Theft Attorney and potentially an investigator to interview key witnesses. The end result is a well thought out and strategic defense that focuses on not only preparing a defense for trial, but also used to leverage an optimal plea negotiation.
If you have been charged with Receiving Stolen Property (and/or Theft) in Minnesota, you need to consult with a skilled Minnesota Criminal Defense Attorney like the Rolloff Law Office. The sooner you do this, the better your chances of gathering the information that could help to see these charges dismissed. Call today: (612) 234-1165
Law Enforcement Departments in Minnesota have increased their enforcement of Minnesota’s Prostitution Laws. They regularly conduct STINGS on the internet, using phony advertising in Backpage for example. These increase during conventions and events like the 2018 Super Bowl. If you have been caught up in something like this --- you should contact an experienced Minnesota Criminal Defense Lawyer.
What Is Prostitution in Minnesota?
Prostitution is defined as the act of engaging, agreeing to or offering to engage in sexual contact or sexual penetration for a fee. Prostitution is closely connected to solicitation, pandering, loitering with the intent to prostitute and sex trafficking. Some of the charges that you may be facing if arrested for prostitution include:
- Engaging in any sexual activity for moneyLoitering in a public place with the intent to prostitute;
- Induce (or solicit) an individual to practice prostitution;
- Promotes the prostitution of an individual (pimping);
- Receives profit that it is derived from the prostitution, or the promotion of the prostitution, of an individual of any age; and
- Prostitutes in a school or park zone.
Any prostitution charge/conviction is a serious criminal offense that should not be taken lightly.
Whether you are the patron or the prostitute, you could be looking at severe fines and prison time if you are found guilty. If you are facing any accusation related to prostitution or solicitation, your first step should be to contact a qualified Minnesota Prostitution Lawyer.
If you are busted as a customer, promoter (alleged human trafficking) or
as a person engaging in prostitution, it goes beyond the penalties.
There is embarrassment. Further, there are often underlying chemical
or emotional issues which the court will expect to be addressed. You
need an experienced Minnesota Criminal Defense Lawyer at your side during these difficult times.
Contact The Rolloff Law Office for a confidential telephone consultation: (612) 234-1165. There is no fee
until you hire us. We represent individuals charged with prostitution throughout Anoka, Hennepin, Ramsey, Dakota, and Washington Counties.
In the State of Minnesota, the laws for Juvenile Drunk Driving differ from those for adults --- and all too often, the accused will not simply receive a slap on the wrist.
Frankly, because these persons are still in the beginnings of their driving lives, courts - hoping to deter
future offenses - often will come down hard. This is why it is important to talk to an experienced Minnesota Juvenile Criminal Defense Lawyer.
Minnesota’s Not a Drop Alcohol Law
Furthermore, for minors that have a higher blood alcohol content than
just a trace, they will find that they face higher punishments. So
those above the limit of .08 will have a higher punishment than someone
with .02 and those with a blood alcohol content of .16 will face even greater punishments than that.
When it comes to minors and alcohol, there two primary laws that
dictate what punishments they will face. While the zero tolerance policy
of the state of Minnesota dictates they will be punished, these laws
dictate what those punishments will be.
This law specifically targets juveniles that are below the age of 18
who get behind the wheel while under the influence. Punishments for
violations of Vanessa’s Law include:
- They cannot obtain a license or learner’s permit until age 18
- Must pay up to $680 in order to receive the license
- Juvenile DWI drivers may also face extra punishments depending on
the nature of the incident and blood alcohol content depending on the
judge’s discretion.
If your child is still a minor, then the Not a Drop Law does not
specifically pertain to them. This law advises punishments on those who
are above 18 years of age, but below the legal drinking age of 21 years
old. Punishments for violating the Not a Drop Law include:
- Revocation of driver’s license for up to 30 days or more
- Replacement with a limited or temporary license that has provisions to prevent further DWI incidents.
- Additional punishments may be added depending on the nature of the
incident and the blood alcohol content at the judge’s discretion.
If you are in the Minneapolis area and
need representation for an underage DWI or even for a DWI for those
above the age of 21 years old, contact the Rolloff Law Office to see what we can do for you. Call today: (612) 234-1165.
Often, after someone is arrested for a crime, there will be a delay --- before he or she is actually charged. Too many people think that this is a time to relax --- a little. However, while you're doing that the
prosecutor is probably busy (along with the police) building their case against you. Therefore, I would strongly encourage you --- if you believe that a charge might be coming --- to contact an experienced Minnesota Criminal Defense Attorney. .
Believe me --- the government never rests. To that end --- the time between an arrest and the first court hearing ... an investigation is going on - ie., the police are
preparing their evidence and the prosecutor is working hard to build as
strong of a case as possible against you.
What Should You Do?
Take advantage of the time that you do have to to be work hard - to build your defense. While you can wait until charges are filed to get yourself a defense attorney, it will strongly benefit you and your case to invest in his advice --- before the charges are filed by the prosecutor. It may even help to see the matter dismissed.
When to Get a Lawyer?
Ideally, pre-charge representation should begin at arrest.
When the cops question you, what you say can strongly affect your
case, and you should have a lawyer present to make sure your rights are
flowed through and you do not say the wrong thing. One common tactic
police will use is to ask you questions, and after you respond with
silence, try to offer you a deal such as immunity to help get you to
feel safe enough to talk. Yet, the scope of immunity can be as broad or
as narrow as those who offer it wish to make it. You can be immune from
one crime, but still charged with another. This is where a defense
attorney comes in. They can help you understand the scope of any deals
that may be offered.
After the arrest and the criminal investigation begins, before the
prosecutor gets ready to file charges, this is where the real work of a
defense attorney begins. This is the time when pre-charge representation
shows its benefits. While the prosecutor is gathering evidence and
creating a court strategy, your defense attorney will work tireless to
predict their moves based on the facts and evidence of your case. After
that has been done, it will be time to craft a counter defense strategy.
However, the biggest advantage of pre-charge representation is that
they can uncover any missteps or case-breaking evidence which can be
used to get the prosecution to drop the case before the charges are even
filed. This can not only get you off the hook for any potential
charges, but it can limit your future legal fees as well. While
instances where evidence is uncovered that can cause a case to be thrown
out is somewhat uncommon, by allowing your legal representation to work
on your case before the charges have been filed, it gives them time to
work hard towards winning it.
If you have been arrested or are under investigation by the police
and it looks like they will press legal action against you, don’t wait
to get a lawyer. The Rolloff Law Office can get going onyour case before any charges have been filed. This can mean the
difference between winning and losing. Believe me --- no case is unwinable. Call today - for a FREE CONSULTATION: (612) 234-1165
Some info that you might need to know - about your right to own/possess firearms, from an experienced Minnesota Criminal Defense Attorney:
Charged with a Felony, but - sentenced as a Gross Misdemeanor
If you were charged with a felony but convicted of a gross misdemeanor, your Minnesota gun rights should not be affected. The federal government denies individuals the right to purchase, own, or possess a firearm if they have been convicted of a felony level offense.
A “felony” is a crime punishable by more than a year in prison. However, even if you are charged with a felony, it’s possible that you will be sentenced in a way that makes your offense a misdemeanor or gross misdemeanor. In those cases, you may plead to the elements of a felony offense, but the judge imposes a sentence of 365 days or less. If that happens, your crime, by definition, is not a felony.
Unfortunately for many in this spot, the federal government may not understand this when they see the conviction. It’s common for individuals to receive the benefit of a gross misdemeanor sentence but still receive a denial by the National Instant Criminal Background Check System (NICS).
In fact, the language on the denial letter will state that you were convicted of a “crime punishable by imprisonment for a term exceeding one year.” Obviously, this is incorrect in these circumstances. Based on this obvious error, you would think that the process to overcome the denial would be simple. Unfortunately, that’s not necessarily true.
Fortunately, there is a formal process for correcting the issue with NICS. However, because the process can be lengthy, it’s important that you work with an experienced Minnesota Gun Rights Attorney who deals with this regularly and knows the best way to present the appropriate information.
If you believe you have been wrongfully denied when attempting to clear a NICS background check, contact the attorneys at the Rolloff Law Office to discuss your Minnesota gun rights restoration case.
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
