Domestic assault charges in Minnesota are different from other assault charges in the state and carry different potential penalties. An experienced criminal defense lawyer can help you understand the difference and build a compelling defense strategy on your behalf.
How Does Domestic Assault Differ from Assault?
Minnesota defines assault as an action done with the intent to threaten another individual with immediate harm or death or the intentional infliction or attempt to inflict harm on another individual. An assault becomes domestic assault when it is committed against one or more family or household members by another family or household member.
The key distinction between these charges is the relationship between the alleged assailant and the victim(s).
Definition of Family or Household Members
To fully understand what separates assault from domestic assault in MN, it’s essential to understand how the state defines family or household members. The following are examples of family and household members according to Minnesota law:
- Spouses and former spouses
- Parents and children
- Persons related by blood
- Persons who reside together or have resided together in the past
- Persons who have a child or are expecting a child together, regardless of residency or marriage status
- Persons involved in a significant romantic or sexual relationship
Penalties for Domestic Assault in Minnesota
Depending on the circumstances of the alleged domestic assault and whether you have prior domestic assault convictions within the previous ten years, the penalties you face can differ. In general, these are the domestic assault penalties in Minnesota:
- Misdemeanor Domestic Assault – This is the base domestic assault charge if you have no prior domestic assault convictions in the previous ten years and there are no additional aggravating circumstances, such as the use of a firearm or strangulation. The penalty is up to 90 days of imprisonment and $1,000 in fines.
- Gross Misdemeanor Domestic Assault – If you have one prior domestic assault conviction in the previous ten years, the penalty is up to 364 days of imprisonment and $3,000 in fines.
- Domestic Assault with a Firearm – If you own and used a gun during the alleged domestic assault, in addition to the penalties for a gross misdemeanor, you may also have to forfeit your gun ownership rights for at least three years.
- Domestic Assault by Strangulation – If you strangled someone during a domestic assault, the penalty is up to three years of imprisonment and $5,000 in fines.
- Felony Domestic Assault – If you have two or more prior domestic assault convictions in the previous ten years, the penalty is up to five years of imprisonment and $10,000 in fines.
Contact Our Domestic Assault Lawyer
Were you charged with domestic assault in Minnesota? Contact Duffy Defense for a free consultation with an experienced domestic assault lawyer. Attorney Duffy will review your case, explain the charges and penalties you’re facing, and walk you through some possible defenses you could use, such as that the allegations are false or that you acted in self-defense.