Domestic assault is a severe crime in Minnesota and carries strict penalties for a conviction. Not only could you face jail time for a domestic assault conviction, but you could also face hefty fines, the loss of your gun rights, and all the other complications that come with a felony record, such as difficulty finding work. It’s crucial to take a domestic assault charge seriously and work with a capable attorney to protect your rights and interests.

Attorney Alec M. Duffy and the team at Duffy Defense know what’s at stake in domestic assault cases and can provide the strong defense you need. Cases involving allegations of violent crimes demand a carefully considered legal strategy, and our firm only takes a handful of cases at a time so we can provide the individual attention and care you deserve. Our team will handle all the legal work in your case, from investigating the incident and developing a robust defense strategy to negotiating with prosecutors and representing you in court. Call us today or complete our contact form for a confidential consultation.

How a Minnesota Domestic Assault Defense Attorney Can Help You

It’s essential to let a lawyer handle your domestic assault case rather than try to handle it yourself. Here’s how Duffy Defense can help in these situations:

• Advocate for Bail – You don’t want to spend a minute longer in police custody than you have to. We can make the case for bail, protecting your freedom while your case progresses.
• Investigate the Incident – There are two sides to every story, and our team can investigate the alleged assault to fully understand what happened. We can use the evidence we gather to support your defense by pointing out holes in the accuser’s account or looking for other weaknesses in the prosecution’s case.
• Move to Suppress Illegally Obtained Evidence – If the police gained evidence against you through an illegal search, we can take steps to suppress that evidence, weakening the prosecution’s case.
• Negotiate with Prosecutors – Most criminal cases in Minnesota don’t go to trial, as trials are risky, expensive, and unpredictable. We can negotiate with prosecutors to reduce your charges or penalties, or even have your case dismissed outright in some cases.
• Represent You in Court – Domestic assault cases involve many court hearings even before the trial starts. We can represent you in any court hearings, explain the rules and procedures, and protect your rights at every step.

Minnesota’s Domestic Assault Laws

Domestic assault is the crime of inflicting physical harm on or making threats toward a member of your family, household member, or a current or former sexual partner. It’s vital to remember that you can commit assault without inflicting physical harm on someone, as acting with the intent to cause fear of injury or death is enough to justify a criminal charge.

State law breaks domestic assault down into three categories based on the severity of the alleged actions and any prior offenses: misdemeanor, gross misdemeanor, and felony.

Misdemeanor Domestic Assault

Misdemeanor domestic assault in Minnesota involves intentionally causing fear of immediate bodily harm or death to someone in your family or household. Domestic assault can also involve physically harming or making attempts to harm a family or household member. “Family or household members” can include spouses, parents, children, roommates, and others as defined under Minnesota law. A first-time domestic assault offense is usually a misdemeanor, and the penalties include up to 90 days in jail and a maximum fine of $1,000.

Gross Misdemeanor Domestic Assault

If you have a prior conviction for a domestic violence-related offense within the past 10 years, a new domestic assault charge escalates to a gross misdemeanor. The penalties for a gross misdemeanor are more severe than for a misdemeanor, with possible jail time of up to 364 days and fines as high as $3,000.

Felony Domestic Assault

A domestic assault rises to the felony level when you have two or more prior domestic violence-related convictions within 10 years. Additionally, allegations of strangulation by the victim automatically trigger felony-level charges. This level of offense comes with the harshest penalties, including up to five years in prison and a maximum fine of $10,000.

Long-Term Consequences of a Domestic Assault Conviction

Even a misdemeanor domestic assault conviction can have severe consequences that last long after you’ve met the terms of your sentence. The long-term consequences of a domestic assault can include:

• The Loss of Your Gun Rights – Under Minnesota law, if a jury convicts you of domestic assault, the state can take away your gun rights. While you can get your gun rights back after a certain period, doing so could take several years.
• Difficulty Finding Work – Even if you are not convicted of felony domestic assault, a conviction can significantly hamper your ability to find a job. Many employers hesitate to employ people convicted of violent crimes, and it’s difficult to expunge a domestic assault conviction from your record.
• Temporary Loss of Your Voting Rights – If you serve prison time for felony domestic assault, you can’t vote during the length of your sentence. While Minnesota automatically restores your right to vote following your sentence, you could still lose these rights for several years.
• Estrangement from Family, Friends, and Neighbors – Being found guilty of domestic assault can strain your relationships with those close to you. They may refuse to visit you because of your conviction, and a domestic assault charge can significantly impact a divorce or child custody dispute.

What to Do if You Face Domestic Assault Charges in Minnesota

You have crucial rights if the police arrest you on allegations of domestic assault in Minnesota. Here’s what you can do to protect those rights:

• Stay Silent – You have the right to remain silent when the police or prosecutors question you, and it’s vital to use that right. Don’t say anything to the police after your arrest except to ask for a lawyer. Remember, the police and prosecutors can use anything you say against you.
• Ask for a Lawyer Immediately – The U.S. Constitution gives you the right to a lawyer, so ask for one as soon as possible. A lawyer can protect you from illegal tactics by police and prosecutors and start working on your defense.
• Don’t Talk to the Accuser – Don’t call, text, or say anything to your accuser. Anything you say to them will likely hurt your defense, so keep quiet and let your lawyer handle any communication with the accuser. Similarly, don’t post anything about your case on social media, as law enforcement can use your posts against you.
• Cooperate with Your Lawyer – Your freedom is on the line, so make sure you cooperate with your defense attorney. Be honest with them, provide them with any evidence that could support your defense, and listen to what they say.

Defense Strategies in Domestic Assault Cases

The best defense strategy in a Minnesota domestic assault case depends on the evidence against you and other factors. One potential strategy is to argue that you were defending yourself against the accuser’s attacks or that the altercation was mutual. Another approach is to argue that you didn’t intend to harm or threaten the accuser, as intent is a crucial component of domestic assault cases. With a lawyer’s help, you could also argue that the charges were false or that the prosecution doesn’t have enough evidence to convict. Any of these strategies or a combination could apply to your situation, and your attorney will identify the best approach.

Contact a Minnesota Domestic Assault Defense Attorney Now

The sooner you speak to a Minnesota criminal defense lawyer about your domestic assault case, the more they can do to help you, and the better your chances are of beating these charges. Call Duffy Defense now or reach out online for a confidential case review.