How Is Domestic Assault Defined Under Minnesota State Law?
Minnesota law says that a person who commits an act with intent to cause fear of immediate bodily harm or death, or intentionally inflicts or attempts to inflict bodily harm upon a family or household member is guilty of domestic assault.
How Do Police Determine Who Is At Fault In A Domestic Assault Scenario?
When law enforcement arrives to the scene of an alleged domestic assault, they typically separate the people involved and question each of them in an attempt to determine what actually happened. In the great majority of situations, someone will be arrested by law enforcement, if for no reason other than to separate the parties for the night. More often than not, the male is arrested.
What Charges Will I Be Facing If I Am Arrested In A Domestic Assault Scenario?
There are different degrees of domestic assault in Minnesota. Misdemeanor domestic assault charges carry a maximum penalty of 90 days in jail. Gross misdemeanor domestic assault charges and felony charges carry a maximum penalty of 365 days in jail. Felony charges can mean more than a year in prison. The sentence in a particular case will depend on the defendant’s criminal history, the severity of the alleged victim’s injuries, whether or not a strangulation was alleged, and whether or not threats of violence were alleged.
Can I Have Contact With My Children While Facing A Domestic Assault Case?
Courts will often issue a domestic abuse no contact order (DANCO) in a domestic assault case, which would preclude the alleged offender from speaking to their children or returning to their home. These orders can be dropped or modified on a case-by-case basis.
Is An Order Of Protection Automatically Put In Place When Someone Is Charged with Domestic Assault?
An order of protection is not always automatically put in place after a domestic assault charge, but judges typically order them along with the charges.
What Penalties Are Associated With A Domestic Violence Conviction?
A misdemeanor domestic violence conviction carries a maximum penalty of 90 days in jail, while a felony domestic violence conviction carries a maximum penalty of five years in prison.
What Happens If The Alleged Victim Recants Allegations Of Domestic Abuse? Will The Case Be Dropped?
If an alleged victim recants allegations of domestic abuse, the prosecution will often move forward with the case anyway. Ultimately, the decision to pursue a domestic violence case is made by the prosecution, but some consideration can be given to the alleged victim if they decide that they do not want to move forward.
What Kinds Of Defense Strategies Can Be Used In Domestic Assault Cases?
An act that meets the elements of self-defense is absolutely a strong defense. In Minnesota, an individual has no obligation to retreat into their own home. Other defenses include arguing that there is a lack of intent or that a verbal argument should not rise to the level of a domestic assault or does not have probable cause for domestic assault charges. Additionally, we have a private investigator that can help with interviews and obtaining other information. Ultimately, the government has the burden of proof beyond a reasonable doubt, and all defendants are presumed innocent until proven otherwise.
For more information on domestic assault charges in Minnesota, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling Ryan Pacyga Criminal Defense at 612-474-5420 today.