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Minnesota takes domestic assault cases very seriously. So much so that law enforcement agencies work to combat these types of matters by targeting areas throughout the Twin Cities that have high rates of domestic abuse. They determine these locations based on the number of domestic violence calls they receive. The disturbing thing about that is that the calls may arise from false allegations of an offense.
If you’ve been accused of domestic violence, you need representation from a skilled St. Paul domestic assault attorney. When you hire Rogosheske, Rogosheske & Atkins, PLLC, you’ll get over 80 years of combined experience on your side. In a criminal case, you are considered innocent until the prosecution proves otherwise beyond a reasonable doubt, and our team will stand up for you throughout your case to protect your rights and freedoms.
Our St. Paul domestic assault lawyers will aggressively fight the accusations made against you. Call us at (651) 413-9004 today.
Under Minnesota Statute 609.02.10, domestic assault charges may be levied when:
- A person intentionally causes another to fear immediate bodily harm or death; or
- A person intentionally inflicts or attempts to inflict bodily harm on someone else
What is Domestic Assault?
The Domestic Abuse Act defines domestic abuse as physical harm, injury, assault, terroristic threats, criminal sexual assault or interfering with an emergency call. The acts are considered domestic abuse when carried out by a family or household member.
A family or household member relationship includes:
- Spouses or former spouses
- Parents and children
- People related by blood
- People who currently or formerly lived together (whether or not they’re related by blood)
- People who have a child together, or a pregnant woman and the baby’s father (whether or not they have ever lived together)
- People in romantic or sexual relationships (whether or not they have ever lived together)
Household and family member relationships are filled with strong emotions. Because of that, claims of violence are sometimes exaggerated after an intense argument or misunderstanding.
In some cases, an alleged victim might make a report of a domestic violence offense to gain the upper hand in some other matter, such as a divorce or child custody dispute. One of the things that can add difficulty to these types of cases is that the alleged victim does not have to have marks on their body for the prosecutor to land a conviction.
Regardless of your situation, a good defense is essential to help minimize or avoid the maximum penalties. At Rogosheske, Rogosheske & Atkins, PLLC, our team of St. Paul domestic assault attorneys will thoroughly investigate your circumstances and ensure all the details of the case are considered in court.
Penalties for Domestic Assault in MN
The punishments imposed in a domestic violence case depend on numerous factors. These include:
- The defendant’s criminal history
- Whether a dangerous weapon was involved in the offense
- Whether the alleged victim sustained bodily injury
Conviction penalties range from up to 90 days in jail and/or a fine of up to $1,000 to up to 3 years in prison and/or a fine of up to $5,000.
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In Minnesota, a domestic assault matter can lead to the court issuing an order for protection against you. The order can automatically be placed and can impose severe restrictions on you. You might be kept away from your home or children, which can disrupt your life.
The various conditions a judge may order include, but are not limited to:
- Restraining the defendant from being in or around the alleged victim’s residence
- Restricting the amount of time the defendant can spend with their children
- Requiring the defendant to attend counseling or treatment
- Ordering the defendant to pay restitution
- Restraining the defendant from having any contact with the victim, including through email, phone, or mail
Contact Our Firm Today
At Rogosheske, Rogosheske & Atkins, PLLC, our St. Paul domestic assault lawyers are committed to your defense. We can provide the legal representation you need to effectively challenge the accusations made against you.
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