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State v. J.N.
April, 2021
Charges: 3 Cases out of Dakota County: (1) Domestic Assault by Strangulation (Felony); two misdemeanor domestic assaults; (2) domestic assault - misdemeanor; (3) Violating a DANCO - misdemeanor
Resolution:
Stay of adjudication to one misdemeanor domestic assault charge and two misdemeanor domestic assault convictions. The felony domestic assault by strangulation charge and third case of violating an order for protection were dismissed. This is a remarkable outcome because the initial offer was to plead to the felony count and serve custody time. But, the North Star team raised a creative and new argument that the strangulation count was a specific intent crime, thereby allowing the client to raise a voluntary intoxication defense at trial (which was clear as day that he was seriously impaired). The county attorney initially scoffed at such a motion. The Court did not, though, and agreed with our arguments. That was a game-changing motion as it led to a plea deal to non-felony counts, no additional jail time, and the dismissal of a third case. And after the client successfully completes probation, the stay of adjudication will result in a dismissal of the second case entirely, too. The client is thrilled with the fight given to him by the North Star team.