26
Apr

Reckless Driving Attorney

Criminal Charges, Gross Misdemeanors / Misdemeanors, Traffic Violation
A Minnesota Reckless Driving offense is one of the most serious non-DWI traffic charges. It is a misdemeanor to start with, but could become a gross misdemeanor if there is a certain amount of harm caused by the reckless driving conduct. With such se…
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29
Mar

Driving While Impaired - Defined

DWI
Most of the time, when someone is facing a driving while impaired charge, they face two counts – one is based upon a test result above the legal limit of .08 and the other is based upon demonstrated impairment. In order to prove the latter, the…
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1
Mar

Carrying While Under the Influence

Case Law Updates, Criminal Charges, Gross Misdemeanors / Misdemeanors, Gun Rights
In Minnesota, it is illegal to be carrying while under the influence of alcohol or controlled substances. The offense can be either a misdemeanor or gross misdemeanor, requiring possible jail and/or a heavy fine, not to mention revocation of the pers…
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25
Feb

Criminal Damage to Property Attorneys

Criminal Charges, Felonies, Gross Misdemeanors / Misdemeanors
Criminal damage to property in Minnesota is a felony, gross misdemeanor, or misdemeanor, depending on the nature of the circumstances and amount of damage that occurred. Any conviction for this type of crime not only has serious criminal consequences…
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19
Feb

Domestic Assault - Defining "Significant Romantic or Sexual Relationship"

Domestic Assault
A domestic assault is an assault – either physical or through fear – against a family or household member. Family or household members include many of who you’d expect – parents, children, blood relatives, spouses, and ex-spou…
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11
Jan

Substantial Bodily Harm Defined - Minnesota Assault

Assault, Felonies, Gross Misdemeanors / Misdemeanors
The level of harm is often the distinction between whether an assault or obstruction of legal process charge is a felony or not. Central to this analysis is the term: “substantial bodily harm.” If the victim suffers substantial bodily har…
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3
Jan

Expungement Waiting Period - How It Applies, according to the Court of Appeals

Case Law Updates, Expungement, Gross Misdemeanors / Misdemeanors
Just this past late-spring, the Court of Appeals issued a ruling that summarily approved of a lower court decision in which the expungement waiting period was applied from the date of discharge going forward 2-, 4-, or 5-years. There was no analysis…
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29
Dec

Resolved in Favor Expungements Include Continuance for Dismissals

Expungement, Gross Misdemeanors / Misdemeanors, Record Expungement
The Court of Appeals issued a published opinion (compared to the many unpublished ones on the expungement law) that clarified the application of the “resolved in favor” language to continuance for dismissals. In doing so, the Court overru…
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17
Dec

Burglary Sentencing

Burglary & Robbery, Felonies
Burglary involves the breaking and entering into a building in order to commit a crime or when a person actually commits a crime. When the building is a dwelling – i.e. a place suitable for living – sentencing for the burglary offense get…
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15
Nov

Fourth Degree Assault - Level of Harm

Assault, Evidence, Felonies
A fourth degree assault is charged when a person allegedly assaults a certain class of individuals – usually a police officer or paramedic, for example. Most assume that this is an automatic felony; and frankly, this is how it is charged out mo…
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