Minnesota Domestic Assault Lawyer Discusses Charges, Enhanceability and More
Domestic Assault charges in Minnesota are some of the most difficult charges anybody can face. The charges can reach into the most personal areas of your life and open them up to scrutiny in the most brutal of ways. If this happens, it is critical that you speak with a Minnesota Domestic Assault Lawyer to understand what you are up against.
You don’t even have to touch somebody to be charged and maybe even convicted of domestic assault in Minnesota.
For the government to prove you guilty of domestic assault, they must first prove that the “victim” is somebody you are related to or somebody with whom you have a close and intimate relationship, i.e. a spouse, partner, family or household member. A former one counts by the way. In addition to the nature of your relationship, the government must prove one of two things:
that you intentionally caused them even a minimal harm. This is typically an unwanted physically touching of some kind; or
that you caused them fear of imminent harm.
You read that last one right. You don’t even have to touch somebody to be charged and maybe even convicted of domestic assault in Minnesota.
Enhanceable convictions don’t necessarily need to be domestic assault convictions.
While various things can dramatically impact the charges themselves including whether a weapon was used, the status of the person, the serious of the injuries, etc, you may be charged differently based upon your prior record. Minnesota domestic assault assault charges are enhanceable. This means that the more of these you get in a 10 year period of time, the more serious the charges can become. For example:
Misdemeanor domestic assault: A first offense domestic assault with no prior enhancing convictions in the last ten years. You could face up to 90 days in jail and a $1000 fine.
Gross misdemeanor domestic assault: A second offense domestic assault with one prior enhancing convictions in the last ten years. You could face up to a year in jail and a $3000 fine.
Felony domestic assault: A third offense domestic assault with two prior enhancing convictions in the last ten years. You could face up to five years in prison and up to a $10,000 fine.
Enhanceable convictions don’t necessarily need to be domestic assault convictions nor do they have to be against the same person. Violations of orders for protections, violations of no contact orders, 5th degree assaults, felony strangulations are examples of possible enhanceable convictions that could make a charge worse.
Because of the complex nature of domestic assault charges, it is critical to sit down with a Minnesota Domestic Assault Lawyer to discuss what is coming next. Jack Rice is a Board Certified Criminal Law Specialist and Minnesota Domestic Assault Lawyer with extensive experience handling domestic assault cases. Contact Jack Rice Defense for a free consultation or call 651-47-7650 or 612-227-1339.