How to Get a Domestic Assault Charge Dismissed in Minnesota
If you’re facing domestic assault charges in Minnesota, you might wonder, How can domestic violence charges be dismissed? Common reasons include self-defense claims, insufficient evidence, witness credibility issues, or false allegations. Successfully dismissing charges often depends on presenting a strong defense that challenges the prosecution’s case.
A dismissal is a possible outcome, but it is not guaranteed. In order to obtain a dismissal, it is necessary to build a strong case in your defense. If you can show the prosecution that they lack the evidence needed for a conviction, your case could be dismissed.
If you’re facing domestic assault charges in Minnesota, understanding the legal process and your rights is essential. With decades of experience defending individuals against domestic violence allegations, I’ve helped countless clients secure favorable outcomes, including dismissals. In this article, I’ll explain the key factors that can lead to a dismissal and provide actionable insights to strengthen your defense.
The Power to Dismiss Charges
The right to dismiss criminal charges once they have been filed is limited. This right primarily rests with the prosecution, although the judge could also dismiss your case as well.
The Prosecutor Could Dismiss Your Charges
When you are seeking a dismissal of your domestic assault charges, the prosecutor is the first person you should talk to. The state has the ultimate power to bring criminal charges, and they also have the right to dismiss them.
A prosecutor has the right to dismiss your case, but that does not mean they will do so willingly. Most prosecutors aggressively pursue domestic assault cases for political reasons, even when there is little evidence of a conviction.
The best way to secure a dismissal in your case is to show the prosecutor that moving forward is unlikely to lead to a conviction. This could involve providing a strong defense. Often, prosecutors agree to dismiss the case when a complaining witness recants their allegations or refuses to assist in your prosecution.
The Judge Could Dismiss Your Charges
It is also possible for the judge in your case to dismiss the domestic assault charges against you. The judge could not only order your charges dismissed, but they could also do so with prejudice. This type of dismissal forever bars the prosecution from bringing the charges against you in the future.
While the judge has the power to dismiss the case, they will typically not do so on their own accord. In order for the judge to consider dismissal, you and your attorney will likely need to pursue a motion requesting a dismissal.
You must have a valid ground for your motion to dismiss. Without it, the judge will have little choice but to allow the charges against you to move forward. Some of the common defenses that result in a successful motion to dismiss include violations of speedy trial rules, a breach of the statute of limitations, or an unlawful search or seizure.
The Complaining Witness Cannot Dismiss Your Charges
Your domestic assault charges resulted from allegations made by a complaining witness. That person—likely a family member or romantic partner—had the power to notify the police and initiate the case against you. However, they do not have the power to drop those charges. Once a report is made to the police, only the state can determine how a criminal case will proceed.
In fact, the prosecution could move forward with the case against you even if the complaining witness refuses to participate. The prosecution could issue a subpoena and require the complaining in your witness to testify, or simply bring the case without their assistance.
This might be an option, but many prosecutors reconsider their case when the complaining witness refuses to participate. A prosecutor might agree to drop the charges voluntarily at the request of a witness, or decide they do not have enough evidence of a conviction to move forward. Either way, it could impact your case dramatically if the complaining witness chose not to participate.
Can My Wife Drop Domestic Abuse Charges in Minnesota?
In Minnesota, your wife cannot drop domestic abuse charges once they are filed because criminal cases are prosecuted by the state, not the victim. While the victim can express their preferences to the prosecutor, the ultimate decision to pursue or dismiss charges lies solely with the prosecuting attorney.
This process reflects the state’s commitment to addressing domestic abuse as a public safety issue, independent of the victim’s preferences, to ensure accountability and protect victims.
What Are Common Defenses Against Domestic Assault Charges?
Building a strong defense is crucial to successfully challenging domestic assault charges. Common defenses include:
- Self-Defense
- Argue that you acted to protect yourself from harm.
- Evidence such as injuries or witness testimony can support this claim.
- False Allegations
- Highlight motives for fabricating accusations, such as custody disputes or personal vendettas.
- Present inconsistencies in the accuser’s statements or lack of corroborating evidence.
- Lack of Evidence
- Emphasize the absence of physical evidence or witnesses to support the prosecution’s case.
- Challenge the validity of any circumstantial evidence presented.
- Violation of Rights
- Argue that improper arrest procedures or lack of Miranda warnings invalidated the case.
- Exclude evidence obtained through unlawful search or seizure.
With the right legal strategy, these defenses can lead to a dismissal or acquittal of your charges.
Is It Harder to Get Domestic Assault Charges Dismissed Compared to Standard Assault?
Depending on the prosecutor, it could be more difficult to secure the dismissal of the domestic assault charges against you compared to other assault charges. This is because these charges carry steeper penalties, and there is often greater political pressure for prosecutors to aggressively pursue these cases.
That said, these criminal charges are very similar to other assault cases. A strong defense strategy could push the prosecutor to dismiss the charge against you. With the help of our firm, a favorable outcome could be possible.
What if the State Won’t Dismiss the Charges Against You?
If you have been arrested and charged with domestic assault, there is no question that the best-case scenario is for the state to dismiss all of the charges against you. However, that is not always possible. The good news is that there are other ways to secure a positive outcome in your case outside of a dismissal.
Plea Bargain
It is not uncommon for domestic assault charges to result in a plea bargain. However, these plea bargains could be in the best interest of the accused depending on the details. In some cases, they might not even result in a conviction on your record.
In some cases, a plea bargain could result in a modification of the charges you face. For example, the state might agree to amend your charge to standard assault if you plead guilty. This could help you avoid the collateral consequences that come with a domestic violence conviction, like the loss of your right to own a firearm.
Another major factor regarding plea bargains is the impact they have on penalties. Even if you plead guilty, your plea bargain agreement could keep you out of jail or limit the number of fines you owe.
There are also times when a guilty plea will not result in a conviction at all. A judge could defer entering your guilty plea for a set period of time. If you remain out of trouble during that time, the judge could dismiss the charge instead of entering the plea. Your attorney could assist you with negotiating a fair plea bargain.
Favorable Trial Verdict
The other possibility is that you take your case to trial and win. Domestic assault cases are defensible, and prevailing at trial is not uncommon. Whether or not you proceed to trial is a decision you should make with your attorney. While the best-case scenario is that you walk away without a conviction at all, the worst-case possibility is that you face penalties that are worse than what the state offered in a plea bargain. The strength of your case will depend on what option is in your best interest, but only you can decide if you want to go to trial or consider a plea.
Will a Dismissal Last Forever?
Whether or not a dismissal lasts forever depends on the type of dismissal the court enters. Dismissals with prejudice bar the state from ever bringing the charge again. That is not the case with a dismissal without prejudice. The attorneys of Gerald Miller could advise you when each option is on the table.
Dismissal with Prejudice
A dismissal with prejudice not only ends your case but also bars the state from filing the charge again. These dismissals usually occur when a judge rules on a motion to dismiss in your favor. If the basis of the dismissal would apply to any future prosecution, the court will typically dismiss with prejudice.
Dismissal without Prejudice
Dismissal without prejudice ends the case against you—but not necessarily forever. The state has the right to refile the charge, although they do not always do that. When a prosecutor dismisses a charge, they do so without prejudice. A judge could also dismiss with prejudice depending on the circumstances.
Can Domestic Assault Charges Be Expunged in Minnesota?
Expungement offers individuals charged with domestic assault the opportunity to clear their record. While not all cases qualify, here’s what you should know:
- Eligibility for Expungement
- Dismissed Charges: If your charges were dismissed, you may petition for expungement immediately.
- Deferred Prosecution Agreements: Successful completion of court-ordered programs could make you eligible for expungement.
- Convictions: Expungement may be possible for some misdemeanor or gross misdemeanor convictions after serving your sentence and completing a waiting period.
- The Expungement Process
- File a petition with the court, outlining why expungement serves justice.
- Notify the prosecutor and law enforcement agencies.
- Attend a hearing where a judge determines whether expungement is granted.
- Benefits of Expungement
- Clears barriers to employment, housing, and other opportunities.
- Restores your reputation and removes the stigma of a criminal record.
Expungement laws are complex, and consulting an experienced attorney can ensure the best chance of success.
Talk to an Attorney About Your Domestic Assault Case
A dismissal could be possible in your domestic assault case. Even if the prosecutor will not agree to dismiss your charge, you could secure a favorable outcome in your case in other ways. The attorneys of Gerald Miller are ready to help you fight for the best possible outcome in your case. Call 612-341-9080 today for your free no-obligation consultation.
Related Post:
- How Can a Victim Get Assault Charges Dismissed in Minneapolis and MN?
- What is the Legal Definition of Domestic Assault Charges?
- Can an Assault with a Deadly Weapon Charge Be Dropped in Minnesota?
- How to Fight a Simple Assault Charge in MN
- How to Get Second Degree Assault Charges Dropped
FAQs About Domestic Assault Charge Dismissal in MN
What Happens if a Victim Does Not Testify in a Domestic Violence Case?
What Are the Potential Penalties for Domestic Assault in Minnesota?
Misdemeanor: Jail time of up to 90 days and fines not exceeding $1,000.
Gross Misdemeanor: Up to 1 year in jail and fines reaching $3,000.
Felony: Prison sentences as long as 7 years and fines as high as $14,000.
These penalties may be accompanied by probation, mandatory counseling, or loss of firearm rights.
