Domestic assault can involve several criminal charges

In mid-December, a Minnesota woman called 911 to report that a man had been abusive with her inside a residence. The woman also said that the man had a loaded gun. According to WDAZ, law enforcement found the woman had been choked and assaulted. They arrested the man and charged him with two counts of domestic assault, one felony count for domestic assault by strangulation and one misdemeanor count of domestic assault.
In many domestic assault cases, the best criminal defense lawyer Minneapolis knows that there are a number of associated criminal charges that carry with them strict consequences.

Defining domestic assault and associated charges

What are the charges for assault in Minnesota? Under Minnesota statute, domestic assault charges can involve inflicting or intending to inflict harm on a family or household member as well as committing an act with the intent to cause a victim to fear bodily injury or death. The state defines a family or household member as a spouse or former spouse, parents, children, people related by blood, people who currently live together or have lived together, people who have dated and people who have children together.

In addition to the varying degrees of domestic assault charges, there are several charges that may be added onto a domestic assault incident, such as the following:

  • Stalking – The state defines this as engaging in behavior that would cause someone to feel afraid, threatened or intimidated.
  • Violating a protective order – A victim can obtain a court order for protection that the accused must obey or else face criminal charges.
  • Criminal sexual conduct – There are five degrees of such charges in Minnesota, ranging from actions such as rape to behaviors that are considered lewd.

There can also be aggravating factors to each of these criminal charges, such as the use or presence of a firearm or the age of the victim. As the best criminal defense lawyer in Minneapolis knows, the number of previous domestic assault convictions a defendant has can also determine the severity of a charge.

Penalties

Depending on how someone is charged, the potential consequences can vary. For example, someone charged with felony domestic assault in Minnesota could face as much as five years in prison as well as a fine of up to $10,000. A stalking charge could carry a sentence of between five and 10 years in prison in addition to fines. Additionally, if the victim doesn’t show up to court, he or she may face penalties, such as arrest.

It is important for defendants to understand how and why they have been charged with domestic assault or related crimes. People with questions regarding these criminal charges should consult with the best criminal defense lawyer in Minneapolis

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

A Santa Clara University study shows that over one million people in Minnesota have criminal records. In Minneapolis alone, 5,713 crimes are reported annually within an area of 100,000 residents. These criminal cases require the defendants to present evidence challenging the prosecutor's narrative. So, when does the defense present evidence in a criminal case? Your defense team presents evidence at the trial phase right after the prosecution team completes outlining the facts it intends to prove and how its evidence will prove you guilty.
Media attention and public scrutiny after conviction can hurt your personal and professional reputation, especially if your criminal case is high-profile. One of the questions you may ask is: How do I handle media attention and public scrutiny after conviction in Minnesota? You can do that by familiarizing yourself with your rights, having a witness present during a media interview, minimizing media consumption, and taking a break from social media. Building a strong support system and working closely with a criminal defense lawyer can help you handle or minimize the impact of public scrutiny.
The timeline for filing pre-trial motions in a criminal case in Minnesota varies with the type of motion. A motion related to the discovery of evidence or dismissal of a criminal case must be filed at least three days before the Omnibus Hearing. The prosecution is then allowed to respond to the motions, and the court sets the timeline for these responses.