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Is Domestic Violence a Felony in Minneapolis, MN?

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.

 

Minnesota police showing up for a domestic assault call involving a prior domestic violence conviction for a family or household member..

 

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.

 

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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.

 

A court hearing on a felony domestic assault with the alleged victim and a domestic assault charge with prior convictions.

 

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.

 

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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.

 

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FAQs About Domestic Violence Felonies in Minnesota

What is considered domestic violence under Minnesota law?

omestic violence includes physical harm, threats of harm, or intentional acts causing fear of harm against a family or household member.

Can a first domestic violence offense be a felony?

Yes, if aggravating factors such as the use of a weapon or significant injury are present.

How long do felony domestic violence cases take to resolve?

These cases can take several months to over a year, depending on the complexity and court schedule.

What happens if the alleged victim recants their statement?

Even if the victim recants, prosecutors can still pursue charges based on other evidence.

Can domestic violence charges be reduced?

Yes, an experienced defense attorney can negotiate with prosecutors to reduce charges in certain circumstances.

Will I lose my gun rights if convicted of a felony?

Yes, a felony conviction results in a lifetime ban on firearm ownership under federal law.

What should I do immediately after being charged with domestic violence?

Contact an experienced criminal defense attorney to protect your rights and build a strong defense.

About the author

William Bailey

Bill brings his strategic mind and calm demeanor to criminal defense. From DWIs to murder charges, he’s tackled it all across Minnesota, leaving a trail of satisfied clients and courtroom victories. He won’t sugarcoat the process, but with his empathy and expertise, he’ll guide you through it, ensuring you understand every step and feel supported every way. When he’s not in the courtroom, catch him at the lake or cheering on his favorite teams.

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