Domestic Assault Laws and Penalties in Minnesota
Under Minnesota state law, Domestic assault laws involve intentionally causing fear of bodily harm or intentionally inflicting or attempting to inflict physical harm on another person within the domestic relationship. This could include acts against a family member, household member, or intimate partner.
Penalties for domestic assault in Minnesota vary based on the severity of the offense and prior convictions. A first-time offender may face misdemeanor charges, but some factors could lead to longer prison sentences and higher fines.
If you were accused of or arrested for a domestic assault charge, it’s critical to exercise your right to remain silent and consult with a Minnesota domestic assault defense attorney for help with your case.
Domestic Assault Laws in MN
Similar to other US states, Minnesota views domestic violence against a family or household member as a serious social problem. To address it, the state lawmakers enacted statutes meant to protect victims, intervene in ongoing abuse situations, and punish offenders. For the accused, the stakes are higher because they can face many consequences beyond probation or serving time.
Still, the criminal justice system in the US is based upon the presumption of innocence. Because of this, the state must prove charges beyond a reasonable doubt. Shaky cases built on contestable evidence, poor investigative techniques, and contradictions cannot succeed because there is room for reasonable doubt. The state must prove its case.
The Legal Definition of Domestic Assault in Minnesota
Minnesota’s definition of domestic assault laws is expansive, to include:
- Any act that inflicts or attempts to inflict bodily harm
- Any household or family member
This may include striking the victim, attempting to strike the victim, or other aggressive behavior intended to make the victim fear for their safety.
Prosecutors can pursue charges under simple domestic assault or aggravated domestic assault, which are a misdemeanor and a felony respectively. Simple domestic assaults involve no injuries or minor injuries to the victim and do not include using weapons. But an assault causing immediate bodily harm, using a weapon, or both may be charged as aggravated domestic assault.
Domestic abuse law in Minnesota also covers cases involving specific facts:
- Attempted strangulation
- Criminal sexual conduct
- Harassment
- Interfering with an emergency call
- Malicious punishment of a child
- Murder
- Nonconsensual dissemination of private sexual images
- Stalking
- Terroristic threats
- Violation of an order for protection or no-contact order
Who Qualifies as a Household or Family Member?
To constitute a domestic violence crime, the alleged victim must be a member of the same family or household as the defendant.
The following individuals are protected:
- People related by blood
- Current and former spouses
- Children
- Parents, whether they are or were ever married
- Cohabitants or previous cohabitants
- A fiance, boyfriend, or girlfriend
- Sexual partners
Penalties for Domestic Violence Offenses
Domestic violence punishment may vary from probation to incarceration, fines, and other sanctions. A judge weighs various factors in deciding the sentence for a domestic assault conviction, including the circumstances of the case and the defendant’s criminal history.
Misdemeanor or Gross Misdemeanor Domestic Violence Penalties
Misdemeanor simple domestic assault could lead to a sentence that includes probation, up to three months in jail, and a fine of up to $1,000.
Repeat offenders are those who were convicted of a domestic-violence-related crime in the previous ten years face. They face gross misdemeanor domestic assault, which carries up to 12 months in jail and a fine of up to $3,000.
Felony Domestic Assault
Felonies are punishable by more than one year in prison. Minnesota law permits prosecutors to upgrade domestic assault charges to a felony when aggravating factors are present, including the following:
Strangulation During the Assault
Strangulation accusations can trigger felony charges. Minnesota law defines strangulation as placing pressure on the neck or throat or impeding breath by blocking a person’s nose or mouth.
Prior Convictions
A defendant with a history of prior domestic assault convictions may face felony charges based on this aggravating factor, even if the level of assault would otherwise constitute a misdemeanor.
The look-back period for a prior domestic violence conviction is the past ten years. Also, if the defendant violated an order of protection in the past ten years, the charges may be upgraded.
Great Bodily Harm
Prosecuting attorneys may charge a person with felony domestic assault charges if there was great bodily harm to the victim, such as broken bones, facial injuries, and severe hemorrhaging.
Weapons
Being in possession, threatening, or using a weapon in a domestic violence case can lead to felony charges. For example, threatening to hit someone with a baseball bat may result in felony charges.
Other Domestic Assault Consequences
The penalties courts may impose for domestic violence go beyond probation, incarceration, and fines. Minnesota lawmakers developed domestic violence legislation to help prevent domestic violence and the continuation of a pattern of abuse. To achieve this goal, the following policies are in effect:
Warrantless Arrest
Minnesota police can arrest someone for domestic violence without a warrant, provided they have probable cause to believe the domestic abuse occurred within the past 72 hours. Additionally, police must detain a person suspected of violating an order of protection for at least 36 hours.
Higher Bail
If there are allegations of an order of protection violation, judges have permission to set high bail or a cash bond of up to $10,000 for release.
No Contact Orders
Someone facing domestic violence charges may be served with a no-contact order, and a violation can lead to a revocation of the bond.
Firearms Restrictions
A judge might order seizure of a domestic violence suspect’s firearms. Plus, those convicted of a domestic violence-related offense lose their legal right to own firearms for at least three years.
Civil Orders of Protection Against Domestic Violence Suspects and Convicts
One issue that makes domestic violence cases challenging is that they can be issued by a civil court in connection with a family law matter. With civil court proceedings, some of the protections given to criminal defendants are not applicable.
The presumption of innocence is not an issue and criminal court evidence procedures are not in force. Plus, the standard known as beyond a reasonable doubt does not apply. It’s possible for a family court to issue a restraining order against a person accused of domestic violence, even when there are no criminal charges.
Ex-Parte Hearings
Courts issue temporary restraining order based on ex-parte proceedings. Ex-parte means the respondent who is accused of domestic violence may not receive notice of the proceeding. Instead, the party asking for the order gives their version of events, and the court must, for purposes of the temporary order, presume the allegations are true.
At this initial hearing, the judge may enter an order of protection based upon the story of just one person. For this reason, the order is temporary.
Many people receive orders of protection by surprise, after the ex-parte proceeding. They may have no inkling they would be subject to such an order until a police officer arrives at their door and serves it.
Temporary v. Permanent Orders of Protection
If you were served with a temporary restraining order, you must abide by the terms or face incarceration. The order lists the rules you must strictly obey. In addition, the order states the date of the next hearing, in which the court will decide if the order should be made permanent. You have the right to attend this hearing and object to the order, and you are entitled to a lawyer.
Avoid discussing the case with the accuser, law enforcement, or any third party. Instead, contact a criminal defense lawyer who handles domestic assault cases. Keep this tip in mind even if you are not yet facing charges. You need qualified legal advice because you may face severe consequences if it is made permanent.
Depending on how the judge rules, a permanent order might include orders to:
- Leave the resident you share with the alleged victim
- Surrender firearms and gun licenses
- Adhere to no-contact rules with specified family members
- Lose visitation rights with children
- Remain a certain distance away from the alleged victim
- Participate in domestic violence counseling
- Avoid selling, destroying, or gifting property
- Other conditions deemed appropriate by the court
Orders of protection also create a public record, though not a record of a criminal conviction. Plus, violating the restraining order can subject you to misdemeanor or felony charges and potentially incarceration.
Get Help Dealing With Domestic Assault Laws
If you were arrested for domestic assault, your situation may seem grim. By hiring an experienced domestic assault defense attorney, you can fight false accusations that threaten your civil liberties. You can also set the record straight related to an order of protection that was entered against you without notice.
To learn more about your defense options, please contact Gerald Miller, P.A. for a free consultation. You can call or visit us online to speak with an attorney. We’ll help you find the best solution.
