Is Domestic Violence a Felony in Minneapolis, MN?

Posted by William Bailey on Nov 23, 2024

Yes, domestic violence can be charged as a felony in Minnesota if certain aggravating factors are present, such as prior convictions, significant bodily harm, the use of a weapon, or a violation of a protective order.

As a seasoned criminal defense attorney, I have spent decades defending individuals facing domestic violence charges. My approach combines deep legal expertise with a focus on protecting your rights and achieving the best possible outcome for your case. If you are facing charges, this article provides the insights you need to understand the law and your options.

Understanding Domestic Violence Charges in Minnesota

Domestic violence, legally referred to as domestic assault under Minnesota Statute 609.2242, involves harm or threats of harm to a family or household member. Minnesota law defines family or household members to include:

• Spouses and former spouses.
• Parents and children.
• Relatives by blood.
• Current or former cohabitants.
• Co-parents of a child.
• Pregnant women and the alleged fathers of their children.

Domestic violence charges in Minnesota are classified as misdemeanor, gross misdemeanor, or felony, depending on the severity of the offense and the offender’s history.

 

 

Domestic Violence Classifications Under Minnesota Law

Minnesota law classifies domestic violence charges based on the severity of the offense and the offender’s criminal history. These classifications—misdemeanor, gross misdemeanor, and felony—determine the penalties and long-term consequences for the accused. Understanding these levels is crucial for anyone facing domestic violence charges, as even a misdemeanor conviction can have significant legal and personal implications.

The table below provides a clear breakdown of each classification, its legal description, and the potential penalties:

 

Offense Level	Description	Penalties
Misdemeanor	Intentionally causing fear or harm to a family/household member.	Up to 90 days in jail; fines up to $1,000.
Gross Misdemeanor	Repeat offense within 10 years of prior conviction or adjudication.	Up to 364 days in jail; fines up to $3,000.
Felony	Two or more prior convictions within 10 years, or severe circumstances (e.g., strangulation, significant harm, use of a weapon).	Up to 5 years in prison; fines up to $10,000.

 

Misdemeanor Domestic Assault

A domestic assault is a misdemeanor if the offender:

• Commits an act intending to cause fear of immediate bodily harm or death.
• Intentionally inflicts or attempts to inflict bodily harm on another.

Penalties:

• Up to 90 days in jail.
• Fines of up to $1,000.

Gross Misdemeanor Domestic Assault

A gross misdemeanor applies if the offender commits a misdemeanor domestic assault within 10 years of a prior qualified domestic violence-related offense conviction or adjudication of delinquency.

Penalties:

• Up to 364 days in jail.
• Fines of up to $3,000.

 

When Does Domestic Violence Become a Felony?

Domestic violence escalates to a felony when specific aggravating factors are present. These include:

1. Prior Convictions
   • If the accused has two or more domestic violence-related convictions within the past 10 years, any new offense may be charged as a felony.
2. Severe Bodily Harm
   • Cases involving injuries that result in a substantial risk of death, permanent disfigurement, or loss of bodily function elevate the charge to a felony.
3. Use of a Weapon
   • The use or even the presence of a deadly weapon, such as a firearm or knife, can turn a misdemeanor into a felony.
4. Strangulation
   • Domestic assault by strangulation is classified as a separate felony in Minnesota, punishable by up to 3 years in prison and a $5,000 fine.
5. Violation of Protective Orders
   • Violating a Domestic Abuse No Contact Order (DANCO) or a restraining order during an alleged assault can escalate charges to a felony.
6. Presence of a Child
   • Domestic violence committed in the presence of a child is treated more severely, often leading to enhanced charges.

 

 

Penalties for Domestic Violence Felonies in Minnesota

Felony domestic violence charges in Minnesota carry severe consequences that reflect the gravity of the offense. These penalties are designed to deter repeat behavior, address the harm caused to victims, and uphold public safety. The table below outlines the potential penalties for common felony-level domestic violence offenses under Minnesota law:

 

Felony Offense	Potential Penalty
Domestic Assault by Strangulation	Up to 3 years in prison, fines up to $5,000
Repeat Domestic Violence Offense	Up to 5 years in prison, fines up to $10,000
Aggravated Domestic Assault	Up to 10 years in prison, fines up to $20,000

 

Note: Felony convictions may also result in long-term probation, mandatory counseling, and the loss of civil rights such as firearm ownership.

Felony domestic violence charges often involve repeat offenses or circumstances such as strangulation or significant bodily harm, making them some of the most serious crimes prosecuted under Minnesota law.

Understanding these penalties underscores the importance of a robust defense strategy to reduce or dismiss charges whenever possible.

 

Firearm Restrictions in Domestic Violence Cases

Convictions for domestic violence in Minnesota come with severe firearm restrictions to ensure victim safety.

Immediate Firearm Forfeiture

If a firearm is used during the assault, courts mandate the weapon’s immediate forfeiture under Minnesota Statute 609.5316.

Loss of Firearm Rights

• Convicted individuals lose firearm ownership or possession rights for at least three years.
• Lifetime bans apply in cases involving the use of a firearm during the assault.

Firearm Transfer Requirements

Defendants must transfer their firearms within three business days to:

• A federally licensed firearms dealer.
• Law enforcement.
• A lawful third party.

Failure to comply is a gross misdemeanor, punishable by up to 364 days in jail and fines of up to $3,000.

 

Protective Orders and Domestic Abuse No Contact Orders (DANCOs)

What is a DANCO?

A Domestic Abuse No Contact Order (DANCO) prevents offenders from:

• Contacting the victim directly or indirectly.
• Visiting specific locations, such as the victim’s home or workplace.
• Communicating with children, unless allowed by the court.

Consequences of Violating a DANCO

Violating a DANCO is a gross misdemeanor and carries:

• Up to 364 days in jail.
• Fines of up to $3,000.

 

 

The Legal Process for Felony Domestic Violence Cases

Understanding the steps involved in a felony domestic violence case can help you prepare:

1. Arrest and Initial Detention
   • Police investigate and make an arrest if they believe there is probable cause.
2. Bail Hearing
   • A judge determines bail conditions based on the nature of the charges and any prior convictions.
3. Formal Charges
   • The prosecutor files charges, considering the evidence and any aggravating factors.
4. Pre-Trial Hearings
   • Defense attorneys can challenge evidence, negotiate plea deals, or seek a dismissal.
5. Trial or Plea Agreement
   • If the case proceeds to trial, the prosecution must prove guilt beyond a reasonable doubt.

 

Collateral Consequences of a Felony Conviction

In addition to criminal penalties, a felony domestic violence conviction can have far-reaching consequences:

• Employment Challenges: Many employers conduct background checks, and a felony can limit job opportunities.
• Loss of Firearm Rights: Federal law prohibits convicted felons from owning or possessing firearms.
• Impact on Child Custody: Courts may restrict or deny custody and visitation rights.
• Social Stigma: A felony record can damage personal and professional relationships.

 

 

Defense Strategies for Felony Domestic Violence Charges

At Gerald Miller P.A., we explore all possible defenses to protect your rights. Common strategies include:

1. Self-Defense
   • Demonstrating that the accused acted to protect themselves from harm.
2. False Allegations
   • Exposing inconsistencies in the accuser’s statements or motivations.
3. Lack of Evidence
   • Challenging the prosecution’s ability to meet the burden of proof.
4. Violation of Rights
   • Highlighting any unlawful actions by law enforcement during the investigation or arrest.

 

Call Gerald Miller P.A. Today for a Free Consultation

If you are facing felony domestic violence charges in Minnesota, time is of the essence. Protect your future by calling Gerald Miller P.A. at 612-341-9080 for a free, no-obligation consultation. With decades of experience and a proven track record, we are here to fight for your rights.

 

Related Content:

• Domestic Assault Laws and Penalties in Minnesota
• How Much Does an Assault Lawyer Charge in Minnesota?
• What Happens When You Get Charged with Domestic Assault in Minneapolis?
• How to Get a Domestic Assault Charge Dismissed in Minnesota
• What is an Assault and Battery Charge in Minnesota?