What Is Domestic Assault According to Minnesota Law?
Domestic assault is a serious criminal charge in Minnesota. Whether you are falsely accused or made a mistake, the consequences can have a long-lasting impact on your life. At Gerald Miller, P.A., we are committed to defending individuals accused of domestic assault. It’s crucial to understand what domestic assault entails under Minnesota law, the potential penalties, and how you can defend yourself against these charges.
Definition of Domestic Assault Under Minnesota Law
According to Minnesota Statutes Section 609.2242, domestic assault occurs when one person commits an act of assault against a family or household member. Assault in this context can take two forms:
- Intentional Infliction of Bodily Harm: Causing physical injury or harm to the victim through physical force or violence.
- Fear of Immediate Bodily Harm or Death: Placing someone in reasonable fear of imminent physical harm or death through threats or threatening behavior.
The definition of family or household member is broad and includes individuals with the following relationships to the accused:
- Current or former spouse
- Parents, children, and other relatives by blood
- Cohabitants (people who live together)
- Individuals with a child in common
- Individuals in a significant romantic or sexual relationship
These broad definitions mean that domestic assault charges can arise in various personal relationships, not just between spouses or romantic partners.
Domestic Assault vs. Domestic Violence
While often used interchangeably, domestic assault and domestic violence have nuanced differences. Domestic violence is a broader term that encompasses multiple forms of abusive behavior within domestic relationships, including emotional, psychological, and economic abuse. Domestic assault, on the other hand, specifically refers to physical acts or threats of harm.
Types of Domestic Assault Charges in Minnesota
Domestic assault charges can range from misdemeanor to felony depending on the severity of the incident and the accused’s criminal history.
Misdemeanor Domestic Assault:
Typically charged when there is a first-time incident that involves minor injuries or threats without serious physical harm. A first-time offender might face this lesser charge.Penalties:
-
- Up to 90 days in jail
- Fines up to $1,000
- Probation and mandatory anger management courses or counseling
Gross Misdemeanor Domestic Assault:
A gross misdemeanor charge is brought if the accused has a prior domestic violence-related conviction within ten years.Penalties:
-
- Up to 1 year in jail
- Fines up to $3,000
- Lengthier probation periods and more severe restrictions on firearm ownership
Felony Domestic Assault:
Felony domestic assault occurs in more serious cases, such as when the accused has two or more prior convictions within ten years or if the incident involves severe bodily harm.Penalties:
-
- Up to 5 years in prison
- Fines up to $10,000
- Loss of civil rights, including the right to vote or own a firearm, longer parole or probation, and difficulty in obtaining employment or housing
| Charge Type | Maximum Jail/Prison Time | Maximum Fine |
|---|---|---|
| Misdemeanor Domestic Assault | 90 days | $1,000 |
| Gross Misdemeanor Domestic Assault | 1 year | $3,000 |
| Felony Domestic Assault | 5 years | $10,000 |
Aggravating Factors in Domestic Assault Cases
Certain factors can increase the severity of domestic assault charges and penalties in Minnesota. These aggravating factors include:
- Use of a Weapon: If a weapon was used or threatened during the assault, the charges could be upgraded, and the penalties become much more severe.
- Serious Bodily Injury: If the victim sustained serious injuries, such as broken bones or internal damage, the offense may be charged as a felony.
- Violation of an Existing Protection Order: If the accused was already under a Domestic Abuse No Contact Order (DANCO) or a restraining order, violating it by committing assault will result in harsher penalties.
Long-Term Consequences of a Domestic Assault Conviction
A conviction for domestic assault in Minnesota goes beyond jail time and fines. The impact on your life can be extensive and long-lasting. Here are some of the most serious long-term consequences of a domestic assault conviction:
- Permanent Criminal Record:
A conviction for domestic assault results in a criminal record that can affect your ability to secure employment, housing, or professional licenses. It may also prevent you from obtaining loans or financial assistance in certain cases. - Loss of Firearm Rights:
A domestic assault conviction, even for a misdemeanor, often results in the loss of your right to own or possess firearms under both state and federal laws. This restriction can be lifelong, and violating it can lead to additional criminal charges. - Child Custody and Visitation:
A domestic assault conviction can have serious repercussions in family court, especially in child custody battles. Courts may view a conviction as evidence of instability or violence, potentially limiting your custody rights or supervised visitation. - Immigration Consequences:
If you are not a U.S. citizen, a domestic assault conviction could lead to immigration issues, including deportation or being barred from re-entry into the country.
The Legal Process for Domestic Assault Charges in Minnesota
If you are charged with domestic assault in Minnesota, the legal process typically follows these steps:
- Arrest and Initial Hearing:
After an arrest, the accused is typically held until a bail hearing, where the judge will decide whether to release the defendant and under what conditions (such as staying away from the alleged victim). A Domestic Abuse No Contact Order (DANCO) may also be issued at this time, prohibiting the defendant from any contact with the victim. - Pre-Trial Motions and Hearings:
Your attorney will work on your behalf to negotiate plea deals or file motions to suppress evidence. During these hearings, the strength of the prosecution’s case will be tested, and defenses may be raised to challenge the charges. - Trial:
If no plea agreement is reached, your case will proceed to trial. At trial, your attorney will present a defense, cross-examine witnesses, and work to create reasonable doubt in the prosecution’s case. - Sentencing:
If convicted, the judge will issue a sentence based on the severity of the charge and any aggravating or mitigating factors. This may include jail time, probation, fines, and mandatory counseling or anger management programs.
What Should You Do If You Are Facing Domestic Assault Charges?
If you are accused of domestic assault in Minnesota, there are immediate steps you should take to protect your rights and build a defense:
- Contact a Lawyer Immediately:
Domestic assault charges are serious, and you need an experienced criminal defense attorney to navigate the legal process and protect your rights. At Gerald Miller, P.A., we have decades of experience defending individuals against domestic assault allegations and are here to help. - Avoid Contact with the Alleged Victim:
If a Domestic Abuse No Contact Order (DANCO) is in place, follow it strictly. Violating a DANCO can result in additional charges and harm your defense. - Document Everything:
Collect any evidence that may support your defense, including text messages, emails, witness statements, or photographs. Your attorney will help organize this evidence and use it in your defense. - Avoid Speaking to Police Without Your Lawyer Present:
Anything you say to law enforcement can be used against you in court. Always request to speak to an attorney before answering questions or making any statements.
Contact a Domestic Assault Attorney Today
If you are facing domestic assault charges in Minnesota, you need experienced legal representation to protect your rights and fight for your future. A conviction can result in jail time, fines, and life-altering consequences, but with the right defense, you can challenge the charges and pursue the best possible outcome.
At Gerald Miller, P.A., our team of dedicated criminal defense attorneys has successfully defended clients against domestic assault charges in Minneapolis and throughout Minnesota. We understand the complexities of domestic assault cases, and we are here to provide you with personalized, strategic representation.
Don’t leave your future to chance—contact Gerald Miller, P.A. today for a free consultation. We’ll review your case, discuss your legal options, and help you take the first steps toward defending your rights and freedom. Call us now at (612) 440-4608 or fill out our online contact form to schedule your consultation.
