Domestic Assault

An Attorney is the Best Solution for Fighting a Domestic Assault Case in Minnesota.

Facing domestic assault charges in Minnesota, whether in the bustling hub of Minneapolis-Saint Paul, the scenic landscapes of Rochester and Duluth, or thriving communities like Saint Cloud, Mankato, Moorhead, Bemidji, and Grand Rapids, is a daunting and complex experience. The potential consequences – from hefty fines and jail time to firearm restrictions and long-term social stigma – can reverberate throughout your life. This is where understanding the charges and your rights becomes crucial.

Understanding Domestic Assault Cases in Minnesota: The Law

Under Minnesota Statute 609.2242, domestic assault occurs when an individual assaults a family or household member. It is classified as follows:

1. Misdemeanor: If someone intentionally causes fear of harm or attempts to inflict bodily harm on a family or household member, they are guilty of a misdemeanor.
2. Gross Misdemeanor: If the individual commits domestic assault within ten years of a prior domestic violence-related conviction, they may face a gross misdemeanor, with penalties of up to 364 days in jail or a $3,000 fine.
3. Firearm Prohibitions: Upon conviction, the court must assess whether a firearm was involved. If so, firearms may be forfeited or restricted for up to a lifetime, depending on the circumstances. The court will also order firearm transfers or storage and require proof of compliance.
4. Felony: A felony charge applies if the person commits domestic assault within ten years of two or more prior convictions. Penalties may include up to five years in prison or a fine of $10,000.

The statute emphasizes firearm restrictions and the increasing severity of charges based on prior offenses, ensuring heightened penalties for repeat offenders.

What the Statute Says: Domestic Assault Laws in Minnesota

In Minnesota, domestic assault is codified under 609.2242:

609.2242 DOMESTIC ASSAULT.

Subdivision 1. Misdemeanor.

Whoever does any of the following against a family or household member as defined in section 518B.01, subdivision 2, commits an assault and is guilty of a misdemeanor:

(1) commits an act with intent to cause fear in another of immediate bodily harm or death; or

(2) intentionally inflicts or attempts to inflict bodily harm upon another.

Subd. 2. Gross misdemeanor.

Whoever violates subdivision 1 within ten years of a previous qualified domestic violence-related offense conviction or an adjudication of delinquency is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both.

Subd. 3. Domestic assaults; firearms.

(a) When a person is convicted of a violation of this section or section 609.221, 609.222, 609.223, 609.224, or 609.2247, the court shall determine and make written findings on the record as to whether:

(1) the assault was committed against a family or household member, as defined in section 518B.01, subdivision 2;

(2) the defendant owns or possesses a firearm; and

(3) the firearm was used in any way during the commission of the assault.

(b) If the court determines that the assault was of a family or household member, and that the offender owns or possesses a firearm and used it in any way during the commission of the assault, it shall order that the firearm be summarily forfeited under section 609.5316, subdivision 3.

(c) When a person is convicted of assaulting a family or household member and is determined by the court to have used a firearm in any way during commission of the assault, the court may order that the person is prohibited from possessing any type of firearm for any period longer than three years or for the remainder of the person’s life. A person who violates this paragraph is guilty of a gross misdemeanor. At the time of the conviction, the court shall inform the defendant for how long the defendant is prohibited from possessing a firearm and that it is a gross misdemeanor to violate this paragraph. The failure of the court to provide this information to a defendant does not affect the applicability of the firearm possession prohibition or the gross misdemeanor penalty to that defendant.

(d) Except as otherwise provided in paragraph (c), when a person is convicted of a violation of this section or section 609.224 and the court determines that the victim was a family or household member, the court shall inform the defendant that the defendant is prohibited from possessing a firearm for three years from the date of conviction and that it is a gross misdemeanor offense to violate this prohibition. The failure of the court to provide this information to a defendant does not affect the applicability of the firearm possession prohibition or the gross misdemeanor penalty to that defendant.

(e) Except as otherwise provided in paragraph (c), a person is not entitled to possess a pistol if the person has been convicted after August 1, 1992, or a firearm if a person has been convicted on or after August 1, 2014, of domestic assault under this section or assault in the fifth degree under section 609.224 and the assault victim was a family or household member as defined in section 518B.01, subdivision 2, unless three years have elapsed from the date of conviction and, during that time, the person has not been convicted of any other violation of this section or section 609.224. Property rights may not be abated but access may be restricted by the courts. A person who possesses a firearm in violation of this paragraph is guilty of a gross misdemeanor.

(f) Except as otherwise provided in paragraphs (b) and (h), when a person is convicted of a violation of this section or section 609.221, 609.222, 609.223, 609.224, or 609.2247 and the court determines that the assault was against a family or household member, the court shall order the defendant to transfer any firearms that the person possesses, within three business days, to a federally licensed firearms dealer, a law enforcement agency, or a third party who may lawfully receive them. The transfer may be permanent or temporary, unless the court prohibits the person from possessing a firearm for the remainder of the person’s life under paragraph (c). A temporary firearm transfer only entitles the receiving party to possess the firearm. A temporary transfer does not transfer ownership or title. A defendant may not transfer firearms to a third party who resides with the defendant. If a defendant makes a temporary transfer, a federally licensed firearms dealer or law enforcement agency may charge the defendant a reasonable fee to store the person’s firearms and may establish policies for disposal of abandoned firearms, provided such policies require that the person be notified by certified mail prior to disposal of abandoned firearms. For temporary firearms transfers under this paragraph, a law enforcement agency, federally licensed firearms dealer, or third party shall exercise due care to preserve the quality and function of the transferred firearms and shall return the transferred firearms to the person upon request after the expiration of the prohibiting time period imposed under this subdivision, provided the person is not otherwise prohibited from possessing firearms under state or federal law. The return of temporarily transferred firearms to a person shall comply with state and federal law. If a defendant permanently transfers the defendant’s firearms to a law enforcement agency, the agency is not required to compensate the defendant and may charge the defendant a reasonable processing fee. A law enforcement agency is not required to accept a person’s firearm under this paragraph. The court shall order that the person surrender all permits to carry and purchase firearms to the sheriff.

(g) A defendant who is ordered to transfer firearms under paragraph (f) must file proof of transfer as provided for in this paragraph. If the transfer is made to a third party, the third party must sign an affidavit under oath before a notary public either acknowledging that the defendant permanently transferred the defendant’s firearms to the third party or agreeing to temporarily store the defendant’s firearms until such time as the defendant is legally permitted to possess firearms. The affidavit shall indicate the serial number, make, and model of all firearms transferred by the defendant to the third party. The third party shall acknowledge in the affidavit that the third party may be held criminally and civilly responsible under section 624.7144 if the defendant gains access to a transferred firearm while the firearm is in the custody of the third party. If the transfer is to a law enforcement agency or federally licensed firearms dealer, the law enforcement agency or federally licensed firearms dealer shall provide proof of transfer to the defendant. The proof of transfer must specify whether the firearms were permanently or temporarily transferred and include the name of the defendant, date of transfer, and the serial number, make, and model of all transferred firearms. The defendant shall provide the court with a signed and notarized affidavit or proof of transfer as described in this section within two business days of the firearms transfer. The court shall seal affidavits and proofs of transfer filed pursuant to this paragraph.

(h) When a person is convicted of a violation of this section or section 609.221, 609.222, 609.223, 609.224, or 609.2247, and the court determines that the assault was against a family or household member, the court shall determine by a preponderance of the evidence if the person poses an imminent risk of causing another person substantial bodily harm. Upon a finding of imminent risk, the court shall order that the local law enforcement agency take immediate possession of all firearms in the person’s possession. The local law enforcement agency shall exercise due care to preserve the quality and function of the defendant’s firearms and shall return the firearms to the person upon request after the expiration of the prohibiting time period, provided the person is not otherwise prohibited from possessing firearms under state or federal law. The local law enforcement agency shall, upon written notice from the person, transfer the firearms to a federally licensed firearms dealer or a third party who may lawfully receive them. Before a local law enforcement agency transfers a firearm under this paragraph, the agency shall require the third party or federally licensed firearms dealer receiving the firearm to submit an affidavit or proof of transfer that complies with the requirements for affidavits or proofs of transfer established in paragraph (g). The agency shall file all affidavits or proofs of transfer received with the court within two business days of the transfer. The court shall seal all affidavits or proofs of transfer filed pursuant to this paragraph. A federally licensed firearms dealer or third party who accepts a firearm transfer pursuant to this paragraph shall comply with paragraphs (f) and (g) as if accepting transfer from the defendant. If the law enforcement agency does not receive written notice from the defendant within three business days, the agency may charge a reasonable fee to store the defendant’s firearms. A law enforcement agency may establish policies for disposal of abandoned firearms, provided such policies require that the person be notified via certified mail prior to disposal of abandoned firearms.

Subd. 4. Felony.

Whoever violates the provisions of this section or section 609.224, subdivision 1, within ten years of the first of any combination of two or more previous qualified domestic violence-related offense convictions or adjudications of delinquency is guilty of a felony and may be sentenced to imprisonment for not more than five years or payment of a fine of not more than $10,000, or both.

MINN. STAT. 609.2242.

Defenses Against Domestic Assault Charges in Minnesota

Even if you have been charged with domestic assault, a number of defenses may be available to you. Defenses can be raised in a variety of ways (e.g. notice, motion, probable cause motion, trial, etc.) and which may be most practical in your case is highly fact dependent.

A skilled Minnesota criminal defense lawyer can be your invaluable ally in navigating the complexities of the legal system and building a strong defense in your case. Here, we’ll delve into some key defenses that may be applicable in Minnesota domestic assault charges:

Self-Defense and Defense of Others

Minnesota law recognizes the right to self-defense and defense of others, even within domestic relationships. This means you may not be guilty of assault if you used reasonable force to protect yourself or another person from imminent harm.

• Reasonable Force: The key element here is “reasonable force.” A Minnesota criminal defense lawyer can help you assess whether the force you used was proportional to the perceived threat. For example, responding to a verbal argument with physical violence would likely not be considered reasonable force, while using force to repel an attacker who is choking you might be justified.
• Imminent Harm: The threat of harm must also be immediate, meaning it’s happening right now or about to happen. Fending off an attack that already occurred wouldn’t qualify as self-defense.

Mutual Combat

If both parties were willing participants in a physical altercation, the charge of domestic assault may not apply. This defense hinges on establishing that the fight was consensual and initiated by both parties.

• Mutual Intent: Demonstrating that both individuals intended to fight can be challenging. Text messages, witness testimony, or even the nature of the injuries sustained can be crucial evidence in supporting this defense.

False Allegations

Unfortunately, false accusations of domestic assault are not uncommon. This can happen due to various factors, such as anger, manipulation, or even regret after an argument.

• Inconsistencies: A Minnesota criminal defense lawyer can scrutinize the accuser’s statements for inconsistencies or contradictions that may cast doubt on the allegation’s veracity. Witness testimony, alibis, or lack of physical evidence can further bolster a defense against false accusations.

Lack of Intent

The element of intent is crucial in domestic assault charges. If you can demonstrate that you had no intention of causing harm, the charges may be dismissed.

• Accidental Contact: Bumping into someone during an argument or accidentally spilling a drink may not constitute intentional assault. A lawyer can help clarify the specific circumstances and argue that your actions were not motivated by a desire to inflict harm.

Mental or Emotional State

Mental or emotional distress can sometimes affect a person’s actions and perceptions. If you were experiencing a mental health crisis or extreme emotional duress at the time of the alleged incident, a lawyer may argue that your actions were not the result of a conscious, deliberate choice.

• Expert Witness: Consulting with a mental health professional and presenting expert testimony about your state of mind at the time of the incident can be a powerful defense strategy.

Remember: Each case is unique, and the specific circumstances surrounding your situation will determine the most viable defense strategy. A qualified Minnesota criminal defense lawyer can evaluate the evidence, assess your options, and build a compelling defense that protects your rights and interests.

It’s important to approach this situation with a clear head and seek legal counsel immediately. Don’t attempt to navigate the complexities of the legal system alone. An experienced Minnesota criminal defense lawyer can be your strongest advocate in the face of domestic assault charges, helping you defend your innocence and fight for the best possible outcome.

Why a Minnesota Criminal Defense Lawyer is Your Ally in Domestic Assault Charges

Facing domestic assault charges in Minnesota is a complex and stressful situation. The potential consequences, from hefty fines and jail time to firearm restrictions and long-term social stigma, are significant. In the face of these challenges, you deserve a strong advocate by your side, someone who understands the intricacies of the law and can fight for your rights and best interests. This is where a skilled Minnesota criminal defense lawyer becomes your crucial ally.

Understanding the Charges and Your Rights

Domestic assault laws in Minnesota can be intricate, with various levels of offenses and specific elements that need to be proven by the prosecution. A Minnesota criminal defense lawyer will thoroughly analyze the charges against you, explain the potential penalties, and ensure you understand your legal rights throughout the process. This includes your right to remain silent, your right to an attorney, and your right to a fair trial.

Building a Strong Defense Strategy

Each domestic assault case is unique, and your lawyer will carefully assess the specific circumstances of your situation to develop the most effective defense strategy. This might involve:

• Investigating the facts and gathering evidence: Your lawyer will meticulously review police reports, witness statements, and any other relevant evidence to identify weaknesses in the prosecution’s case and uncover potential exonerating evidence.
• Challenging the evidence: Your lawyer will scrutinize the evidence against you and raise legal objections if necessary. This may involve questioning the admissibility of evidence or highlighting inconsistencies in witness testimony.
• Exploring defense options: Based on the facts of your case, your lawyer may argue for self-defense, mutual combat, lack of intent, or even false accusations.
• Negotiating with the prosecution: In some cases, your lawyer may be able to negotiate a plea bargain with the prosecution to reduce the charges or secure a more favorable outcome.

Protecting Your Rights and Interests

Beyond building a strong defense, a Minnesota criminal defense lawyer will be your unwavering advocate, protecting your rights and interests throughout the legal process. This includes:

• Ensuring fair treatment: Your lawyer will ensure you are treated fairly by law enforcement and the court system.
• Protecting your privacy: Your lawyer will act as a shield, safeguarding your private information and ensuring sensitive details are not publicly disclosed.
• Providing emotional support: Facing domestic assault charges can be emotionally draining. Your lawyer will be a pillar of support throughout this difficult time, offering guidance and reassurance.

Common Questions About Domestic Assault Charges in Minnesota: Seeking Clarity

Facing domestic assault charges in Minnesota can be overwhelming, with a multitude of questions and concerns swirling in your mind. Here are answers to some of the most frequently asked questions that those accused of domestic assault often have:

What Constitutes Domestic Assault in Minnesota?

Under Minnesota statute 609.2242, domestic assault is defined as:

• Intentionally inflicting or attempting to inflict bodily harm upon a family or household member.
• Committing an act with the intent to cause fear of immediate bodily harm or death to a family or household member.

What Are the Penalties for Domestic Assault in Minnesota?

• Misdemeanor: Up to 90 days in jail, a fine of up to $1,000, or both.
• Gross Misdemeanor: Up to 364 days in jail, a fine of up to $3,000, or both.
• Felony: Up to five years in prison, a fine of up to $10,000, or both.

What Should I Do If I’m Arrested for Domestic Assault in Minnesota?

• Exercise your right to remain silent.
• Politely request to speak with an attorney immediately.
• Do not discuss the incident with anyone other than your lawyer.

Will I Lose My Firearms if I’m Convicted of Domestic Assault?

• Yes, Minnesota law imposes firearm restrictions and potential forfeiture for domestic assault convictions.
• The extent of restrictions depends on the severity of the offense and whether a firearm was involved in the assault.

Can I Contact the Alleged Victim?

• No. Restraining orders are often issued in domestic assault cases, prohibiting contact with the alleged victim.
• Violating a restraining order can result in additional charges.

Can I Get the Charges Dropped?

• In some cases, yes. An experienced Minnesota criminal defense lawyer may be able to negotiate a plea bargain or get the charges dismissed based on insufficient evidence or other legal grounds.

What if the Allegations Are False?

• False accusations of domestic assault do occur. A lawyer can investigate the allegations, gather evidence to support your innocence, and challenge their validity in court.

What Happens at My First Court Appearance?

• The judge will inform you of the charges against you and your rights.
• Bail may be set, and a future court date will be scheduled.

Should I Hire a Lawyer?

• Absolutely. Navigating the complexities of a domestic assault case without legal representation is highly inadvisable.
• A skilled Minnesota criminal defense lawyer can protect your rights, build a strong defense, and fight for the best possible outcome in your case.

What Are the Potential Consequences of a Domestic Assault Conviction?

• Jail time
• Fines
• Probation
• Mandatory counseling
• Restraining orders
• Loss of firearm rights
• Difficulty finding employment or housing
• Damage to personal relationships
• Social stigma

Can I Have My Domestic Assault Record Expunged?

• In some cases, yes. A Minnesota criminal defense lawyer can advise you on the eligibility requirements and process for expungement.

What Factors Will Affect the Outcome of My Case?

• The strength of the evidence against you
• The severity of the alleged assault
• Your criminal history
• The specific circumstances of the incident
• The quality of your legal representation

Minimizing the Long-Term Impact: Looking Beyond the Immediate Charges

The consequences of a domestic assault conviction can extend far beyond the immediate penalties, impacting your life across the vibrant cities and peaceful towns of Minnesota. A skilled Minnesota criminal defense lawyer will work tirelessly to minimize this long-term impact, paving the way for a brighter future:

Expunging or Sealing Your Record

In some cases, your lawyer may be able to help you expunge or seal your criminal record. This can significantly limit the negative impact on your future employment, housing, and education prospects, whether you’re seeking opportunities in the bustling Twin Cities or smaller communities like Bemidji and Grand Rapids.

Restoring your Firearms Rights

Depending on the specifics of your case, your lawyer may be able to help you regain your firearm rights if they were restricted or forfeited due to the domestic assault charge. This can be crucial for individuals in rural areas of Minnesota where firearm ownership is common.

Addressing Underlying Issues

Domestic assault charges can often stem from complex underlying issues within relationships. Your lawyer can help you access resources and support to address these issues and prevent future conflicts, promoting healthy relationships and personal growth throughout the state.

Restoring your Reputation

Facing domestic assault charges can damage your reputation in the community. Your lawyer can help you navigate the public perception of your case and work to rebuild trust within your professional and personal circles, whether you reside in the lively streets of Rochester or the close-knit communities of Mankato and Moorhead.

Remember: Facing domestic assault charges in Minnesota can be a challenging and complex experience. However, with the support of a skilled and experienced Minnesota criminal defense lawyer, you can navigate the legal system, build a strong defense, and minimize the long-term impact on your life. Don’t hesitate to seek legal counsel and start building a brighter future for yourself, no matter where you call home in this great state.