A domestic assault charge in Minnesota can affect everything from your employment and housing to your right to possess firearms. If you’ve been accused of a criminal offense, you can best protect yourself when you understand the process and the consequences you’re facing.
What Counts as Domestic Assault in Minnesota?
Under Minnesota law, domestic assault occurs when someone intentionally causes, attempts to cause, or intentionally causes fear of bodily harm. The victim must be a family or household member. That category includes current or former spouses, people you live with or have lived with, your child’s other parent, and people you’ve dated.
The law doesn’t require an alleged victim to suffer actual injuries before you can be charged. That means someone can report you for raising a fist, making threats, or grabbing an arm, even if it didn’t leave a mark.
Types of Domestic Assault Charges
Domestic assault can be charged as a misdemeanor, gross misdemeanor, or felony:
- Misdemeanor domestic assault: This is the most common charge for a first-time offense. A conviction can lead to up to 90 days in jail and a $1,000 fine.
- Gross misdemeanor: If you have a prior domestic violence-related conviction within the past 10 years, it’s a gross misdemeanor. Penalties include up to one year in jail and a $3,000 fine.
- Felony domestic assault: If you have two or more qualified domestic violence-related convictions in the past 10 years, you can face a felony charge. A conviction carries a penalty of up to five years in prison and a $10,000 fine.
Aggravating factors like using a weapon, causing significant injury, or violating a protective order can result in additional charges and consequences.
The Criminal Process After Arrest
After an arrest for domestic assault, you’ll likely be taken into custody and held until your first court appearance. Minnesota state law often requires a 36-hour hold, excluding weekends and holidays, for certain domestic offenses.
The initial appearance is called an arraignment. At the arraignment, the court will set conditions of your release. These may include:
- A domestic abuse no contact order, prohibiting you from contacting the alleged victim.
- Restrictions on returning home, even if you own the property.
- Bail requirements.
Even if the alleged victim wants to drop the charges, prosecutors can proceed with the case anyway. That’s one reason why it’s important to get an experienced criminal defense attorney involved as soon as possible.
If your case moves forward, several outcomes are possible:
- Dismissal: Your case may be dismissed if there’s insufficient evidence or your defense attorney files successful motions to suppress evidence. In some cases, an accuser’s refusal to cooperate can lead to dismissed charges.
- Plea agreement: Many cases are resolved by pleading guilty to a lesser offense. This might include a stay of adjudication. A stay of adjudication allows the court to dismiss the case after you’ve successfully completed probation.
- Trial: If you go to trial, the prosecution must prove each element of the crime beyond a reasonable doubt. Your attorney will have the opportunity to present testimony and evidence in your defense.
Defending Against the Charges
Domestic assault charges often come down to the word of one person against another, so a strong defense is key. Your attorney’s strategy may include:
- Reviewing police reports, body cam footage, and 911 recordings
- Challenging inconsistent statements or motives to fabricate
- Gathering witness testimony and character references
- Filing motions to suppress illegally obtained evidence
- Negotiating with the prosecution for reduced or alternative charges
Ultimately, your defense will depend on the specific facts and evidence in your case. Talking to an experienced domestic abuse defense attorney will help you understand your options and the most likely outcome.
Protect Your Rights with a Knowledgeable Criminal Defense Attorney
Domestic assault cases are complex and emotionally charged. Don’t go through this challenging time alone. Instead, get the advantage of Mauzy Law Office, P.A.’s extensive experience defending these charges in Minnesota. Contact us today to start building your defense.