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The Court of Appeals issued a published opinion (compared to the many unpublished ones on the expungement law) that clarified the application of the “resolved in favor” language to continuance for dismissals.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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12
Nov

When is a Miranda Warning Required?

Arrest, Constitutional Rights
The Fifth Amendment provides that no person shall be compelled to be a witness against themselves in a criminal case. In lay mans terms, the Fifth Amendment is the right against self-incrimination. Per a 1966 United States Supreme Court decision, a M…
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21
Sep

Fine Increase for Passing a School Bus Ticket

Traffic Violation
In August of this year, an overlooked law change occurred that will meaningfully impact Minnesotans. Most traffic citations include a fine in the $100-300 range. Real money, but it’s at least reasonable. In August, this change for those charged…
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15
Sep

Changes to Minnesota DWI Law

DWI
In the 2017 Minnesota legislative session, changes were made to MN DWI Laws. These new laws went into affect at the beginning of July. None of these changes are ground-shaking, but it’s nonetheless important to understand them and how they̵…
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