Arrested or charged with Minnesota domestic assault? If you are accused of domestic assault, it’s important to understand the laws and what you may be up against:
Domestic Assault in Minnesota
Minnesota Statute 609.02.10 defines assault as follows:
(1) an act done with intent to cause fear in another of immediate bodily harm or death; or
(2) the intentional infliction of or attempt to inflict bodily harm upon another.
The Domestic Abuse Act defines domestic abuse as physical harm, injury, assault, terroristic threats, criminal sexual assault, and even interfering with an emergency call. These acts are considered domestic abuse when carried out by members of the family or household; these relationships include the following:
- Spouses or former spouses
- Parents and children
- People who are related by blood
- People who live together or used to live together, whether or not they are related by blood
- People who have a child together, or a pregnant woman and the alleged father, whether or not they have ever lived together
- People in romantic or sexual relationships, whether or not they live together
The sentence for a domestic assault conviction depends on whether or not it is the first offense, whether or not a dangerous weapon was involved, and how much bodily injury was sustained by the other person. With a conviction, you could be looking at up to three years in prison and/or a $5,000 fine. Contact our Minnesota Domestic Assault Lawyer today.
Order for Protection
If you are accused of domestic assault, an Order for Protection may be issued against you. This can come with a variety of stipulations that impact your life. By breaking this order, you can be arrested.
Minnesota Statute 518B.01.6 outlines the various protections that may be put in place for the alleged victim. These include:
- You may not be allowed in or around the victim’s residence.
- Time with your children may be restricted.
- You may be required to attend counseling or treatment.
- You may have to pay restitution.
- You may not be allowed any contact with the victim, in person or by email, mail, or phone.
If you have children or if the victim’s house is also your house, you can see how disruptive such an order can be. It’s essential to deal with it in a legal manner as quickly and efficiently as possible. Contact our Minnesota domestic assault lawyer today.
Understanding Your Rights
Domestic violence is a serious issue. Unfortunately, claims of violence are sometimes exaggerated in the wake of the strong emotions often present in intimate relationships, particularly during a divorce or even an intense argument or a misunderstanding. Occasionally, the accusations are entirely false. Because of this, each accusation is thoroughly investigated to ensure the accused is not punished for a crime he or she did not commit.
Even if you are guilty of domestic assault, a good defense is essential to help you avoid the maximum penalties and seek a fair punishment that suits your situation. Your legal team will ensure all details of the case are considered in court, including, when applicable, the possibility that you may have been acting in self-defense.
Rogosheske, Rogosheske & Atkins is committed to your defense. Our Minnesota Domestic Assault Lawyer can get you the representation you deserve. If you’ve been accused of domestic assault, we invite you to contact us. Call our St. Paul criminal defense office at 651-451-6411 to discuss your case and learn more about how we can help you.
Disclaimer: The information contained on this page does not constitute an attorney client relationship. Be sure to contact our law office to discuss your case with an attorney.