Minnesota Domestic Assault Case Results
To see just how successful our approach is, here are some representative domestic assault case results:
Charges: Felony domestic strangulation; Gross Misdemeanor Child Neglect; two Misdemeanor Domestic Assaults – Crow Wing County
Resolution: Dismissed. County attorney dismissed the case prior to a contested hearing challenging probable cause on one count. Mr. Gempeler, after thorough investigation into the facts and discussing strategy with the client, developed an alibi defense that was provided to the County Attorney prior to the hearing. After considering this evidence, alongside the allegations of the complaining party, the County Attorney determined made the right decision and dismissed the entire case. Obtaining a dismissal at such an early stage is rare because prosecuting attorneys want to assume their cases are worthy of a jury’s consideration – even when they know they don’t have strong cases. Mr. Gempeler’s thoughtful and respectful approach was key to earning this outcome and getting the prosecutor on his side when making the decision to dismiss the case.
Charges: Domestic assault
Resolution: Continuance for dismissal. Client is a young woman who is a licensed nurse in the state. A domestic assault conviction would effectively end her young career. Heeding Mr. Gempeler’s counsel, the client sought mental health treatment that proved critical to obtaining this necessary result. The State initially offered a great outcome, but one worse than the one achieved. Most defense attorneys would’ve seized this first offer and been pleased with the result – not Mr. Gempeler. He knew a better outcome was available and knew how to negotiate to get this better and amazing result on behalf of a deserving and needful client. Now, there is no record of any plea or conviction and the client maintains her perfect criminal record.
Charges: Misdemeanor domestic assault
Resolution: Stay of Adjudication result out of Hennepin County. Tough facts, including damning photographic evidence, became less important than a thoroughgoing approach to counseling and reconciliation between the parties, and a thoughtful prosecutor. Remember, a victim doesn’t control the charging decision any longer, if they ever truly did; even more important, the State retains full authority to take a case forward, including to trial. It takes a careful, highly experienced hand to manage a complex assault matter, even with a recanting or reluctant complaining witness/’victim,’ so do NOT assume a case will be dismissed without extreme care and planning, and a lawyer from North Star.
Charges: Domestic assault and disorderly conduct
Resolution: Stay of adjudication to the disorderly conduct, with an agreement to expunge the record when eligible. With the client in the midst of a divorce with the alleged victim, obtaining a non-conviction result was critical. Even after obtaining this great result, Mr. Gempeler argued successfully against probation’s recommendations for domestic abuse programming. Instead, the judge credited the client for having completed anger management and did not impose any additional terms of probation. The client is set up to succeed and get back on her feet.
Charges: Misdemeanor Domestic Assaults – two charges
Resolution: Case dismissed on the first day of trial. The State requested a late continuance, which was successfully opposed by Mr. Gempeler. Preparation was key, for not only being trial ready, but also to be able to make the correct arguments opposing an often granted continuance request. Due to the denial, the State could not proceed at trial and the case was dismissed. Mr. Gempeler also wisely laid a record to assist in defeating a potential re-filing of the charges due to bad faith by the State. This was a critical result for a client facing possible deportation with any conviction stemming from these allegations.
Charges: Misdemeanor Domestic Assault
Resolution: Stay of adjudication to a city ordinance violation of disorderly conduct. Client faced his second domestic assault charge in a two-year span involving the same complaining witness. Mr. Gempeler leveraged a possible self-defense claim and information he learned through the complaining witness to obtain this incredible outcome. The client is thrilled to be able to walk away without a criminal record after these two serious allegations were levied against him.
Charges: Domestic Assault
Resolution: Continuance for Dismissal. This remarkable result was obtained even in spite of the fact that the Defendant had a history of felonious behavior with the complaining witness. Yet, after strenuous litigation over the admissibility of a putative confession, and repeated demands for a guilty plea or formal trial, the Court granted Mr. Adkins’ request for a continuance for dismissal, with no findings of fact, and a turnaround of six months–not the typical two years. Client is thrilled; he gets to keep his Second Amendment rights intact, which were of paramount concern to him.