How to Get a Domestic Assault Charge Dismissed in Minnesota
If you are facing domestic assault charges in Minnesota, you may be feeling overwhelmed and unsure of your options. As an experienced criminal defense attorney who has successfully helped clients get charges dismissed, I know how important it is to have a strong legal strategy.
Many people believe that if an accuser wants to drop charges, the case will simply go away. But in Minnesota, only the state can decide whether to continue or dismiss a domestic assault case. That means you need a compelling defense that proves the prosecution does not have enough evidence to convict you.
If you have been charged with domestic assault in Minnesota, you may be wondering what comes next. Understanding the legal process and your rights is critical to protecting your future.
As a criminal defense attorney with decades of experience, I have defended countless clients against domestic violence charges. Many of them felt hopeless at first, but with the right strategy, we were able to secure case dismissals, reduced charges, or other favorable outcomes.
This guide will walk you through key reasons domestic assault charges may be dismissed, how to build a strong defense, and what steps you can take to improve your chances of a successful resolution.
Common Reasons Domestic Assault Charges Get Dismissed
Cases are often dismissed when:
- Self-defense applies: If you acted to protect yourself, the charges may not hold up in court.
- There is not enough evidence: If the prosecution lacks physical proof or credible witnesses, the case may be weak.
- The accuser’s story is inconsistent: Changing statements or credibility issues can cast doubt on the case.
- False allegations are involved: If personal disputes or other motives led to the accusation, this can be challenged in court.
Who Has the Power to Dismiss a Domestic Assault Case?
- The Prosecutor: If they believe a conviction is unlikely, they can drop the charges.
- The Judge: A judge can dismiss charges due to legal violations, lack of evidence, or procedural errors.
- The Accuser Cannot Drop Charges: Once charges are filed, only the prosecutor has the authority to dismiss them.
How to Improve Your Chances of a Dismissal
As a criminal defense attorney, I have successfully fought to get domestic assault charges dismissed for many clients. Here are key steps that can strengthen your case:
- Hire an experienced defense lawyer. A legal expert knows how to challenge weak evidence and push for dismissal.
- Gather strong evidence. Witness statements, security footage, and police body camera recordings can support your defense.
- Challenge the prosecution’s case. If the evidence against you is unreliable, your attorney can file legal motions to dismiss the case.
A dismissal is not guaranteed, but with the right legal strategy, it is possible. If you are facing domestic assault charges, it is crucial to act quickly to protect your future.
What Are the Differences Between a Misdemeanor and Felony Domestic Assault Charge?
Misdemeanor vs. Felony Domestic Assault in Minnesota
Domestic assault charges in Minnesota fall into two categories: misdemeanor and felony. The difference between them comes down to the severity of the offense and potential penalties.
Misdemeanor Domestic Assault
- No serious injuries involved.
- Punishable by up to 90 days in jail and a $1,000 fine.
- More likely to be dismissed, especially if evidence is weak.
Felony Domestic Assault
- Involves serious injuries, use of a weapon, or prior convictions.
- Punishable by up to five years in prison and a $10,000 fine.
- Harder to dismiss due to stricter legal scrutiny.
Why Does This Matter?
Felony charges come with more severe consequences and are harder to get dismissed. If you’re facing any domestic assault charge, working with an experienced attorney can help you fight for dismissal or reduced charges.
Who Has the Power to Dismiss Assault Charges?
The Prosecutor Could Dismiss Your Charges
When 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 only the prosecutor has the authority to drop them.
The best way to secure a dismissal is to show the prosecution that moving forward is unlikely to lead to a conviction. A strong defense can make it difficult for them to prove their case. Often, prosecutors agree to dismiss charges when:
- A key witness recants their allegations or refuses to cooperate.
- There is insufficient evidence to secure a conviction.
- Your defense challenges the case effectively, making prosecution difficult.
Can a Judge Dismiss Domestic Assault Charges?
Yes, but only under certain conditions. A judge may dismiss charges if:
- Your constitutional rights were violated, such as through an illegal search or unlawful arrest.
- There are procedural issues, like missing evidence or violations of the speedy trial rule.
Unlike prosecutors, judges cannot dismiss cases on their own—your attorney must file a motion requesting dismissal.
Can an Accuser Drop Domestic Assault Charges?
No. Once a report is filed, only the state controls whether charges move forward. Even if the alleged victim wants to drop the case, the prosecution can continue without their cooperation. However, cases are often dismissed when the accuser refuses to testify and there is no other strong evidence.
Can My Wife Drop Domestic Abuse Charges in Minnesota?
If your spouse has been accused of domestic abuse, you may be wondering: Can my wife drop domestic abuse charges in Minnesota?
In Minnesota, domestic abuse charges cannot be dropped solely by the victim. The prosecutor has the final say on whether to proceed with or dismiss the case, even if the alleged victim requests to drop the charges.
Can a Case Be Dismissed if the Complaining Witness Does Not Testify?
Yes, but not always. In Minnesota, the state can prosecute domestic assault charges even without the alleged victim’s cooperation. However, cases are often dismissed when:
- The complaining witness refuses to testify, and there is no other strong evidence.
- The prosecution lacks physical evidence, such as injuries or recorded threats.
- The defense challenges hearsay evidence, making the case weak.
If the alleged victim recants their story or does not cooperate, prosecutors may decide the case is too weak to continue.
Can You Get a Domestic Assault Charge Dismissed If the Police Made a Mistake?
Yes, if police violated your constitutional rights, your attorney can file a motion to dismiss. Cases may be dismissed if:
- Illegal arrest: Police lacked probable cause at the time of the arrest.
- Unlawful search and seizure: Evidence was obtained without a warrant.
- Failure to read Miranda rights: Statements made without proper legal warnings may be inadmissible.
If your rights were violated, the court may throw out evidence or dismiss the charges entirely.
Can Police Body Camera Footage Help Get a Domestic Assault Case Dismissed?
Yes, police body camera footage can be key in domestic assault cases. It may show:
- Conflicting statements between the alleged victim and witness reports.
- Signs of self-defense, such as visible injuries on the defendant.
- Bias in police reporting, including failure to properly investigate the incident.
If the footage contradicts the allegations, it can be used to argue for dismissal or reduced charges.
How Does Minnesota’s Statute of Limitations Affect Domestic Assault Cases?
In Minnesota, the statute of limitations for most misdemeanor domestic assault cases is three years. For felony domestic assault, the time limit extends to five years. If charges are filed after the statute expires, the defense can file a motion for automatic dismissal.
What Are Common Defenses Against Domestic Assault Charges?
Building a strong defense is crucial to successfully challenging domestic assault charges. If you’re facing domestic assault charges, you may be wondering: What are common defenses against domestic assault charges?
Common defenses against domestic assault charges include self-defense, lack of evidence, false accusations, and lack of intent. If the prosecution cannot prove the allegations beyond a reasonable doubt, the charges may be dismissed or reduced.
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.
Does the Presumption of Innocence Apply in Domestic Assault Cases?
Yes, every defendant is presumed innocent until proven guilty. The burden of proof lies entirely on the prosecution, meaning they must establish guilt beyond a reasonable doubt. If there are inconsistencies, lack of evidence, or weak testimony, the defense can argue for dismissal based on the state’s failure to meet this burden.
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 an Assault Charge 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?
In Minnesota, felony domestic assault convictions cannot be expunged. However, certain misdemeanor or gross misdemeanor domestic assault charges may qualify for expungement under specific conditions.
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.
What Are the Long-Term Consequences of a Domestic Assault Conviction?
- Criminal record: A conviction appears on your permanent record, which can impact your ability to get a job, housing, or professional license.
- Employment: Many employers screen for criminal records, and a conviction can limit your job opportunities. Some industries, like healthcare and education, may not hire people with a criminal record.
- Housing: Landlords may refuse to rent to people with a criminal record.
- Child custody: A conviction can affect child custody arrangements.
- Immigration: For non-citizens, a conviction could affect immigration status.
- Education: Colleges and universities often ask about criminal records during admissions, and a conviction could lead to denial of entry.
- Financial aid: Many financial aid programs have eligibility requirements that exclude people with criminal records.
- A no-contact order, also known as a domestic abuse no-contact order (DANCO)
- Penalties that focus on reducing the risk of repeated offenses or future harm
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?
Can Domestic Assault Charges Be Dismissed Before Trial?
How Long Does It Typically Take to Dismiss Domestic Assault Charges?
Factors that affect dismissal
Severity of abuse: More severe cases are less likely to be dismissed.
Victim's interest: If the victim doesn't want to pursue the case, the prosecutor may be more likely to consider dropping charges.
Prosecutor's policy: Some prosecutors have a strict "no-drop" policy for domestic assault cases.
