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Assault

20 December

What Qualifies as a Prior Offense to Enhance a Domestic Assault?

North Star Criminal Defense | Assault, Domestic Assault

The severity of your domestic assault charge will depend on the number of prior "qualified domestic violence-related offenses." One would think that this list of prior domestic-related offenses would be limited to purely domestic-related offenses, such as a prior domestic assault conviction or an Order...

03 May

Domestic Assault – Intent to Cause Fear Defined

North Star Criminal Defense | Assault, Domestic Assault

There are two ways a person can be charged with domestic assault - actually causing bodily harm (i.e. punching someone) or by causing fear of immediate bodily harm. For the latter, the State must prove specific intent to cause fear of immediately bodily harm. As...

11 January

Substantial Bodily Harm Defined – Minnesota Assault

North Star Criminal Defense | 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 harm, the result is a 3rd...

15 November

Fourth Degree Assault – Level of Harm

North Star Criminal Defense | 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 most of the...

15 March

Self-Defense – Duty to Retreat Exists if Person is on Front Lawn

North Star Criminal Defense | Assault, Case Law Updates, Domestic Assault

Self-defense in Minnesota is an affirmative defense against assault-based charges. Much of the analysis is tied to the reasonableness of the actions taken by the defendant and whether the defendant could have avoided the situation. But, if the defendant was in his/her house, there is...

07 February

Self-Defense in Minnesota

North Star Criminal Defense | Assault, Domestic Assault, Murder/Homicide

An affirmative defense most people are familiar with is self-defense. But, few know what it means and how it’s applied in the law. Self-defense in Minnesota is a complete defense to a charge if raised successfully. Essentially, the defendant claims the force used was necessary to...

28 May

Domestic Assault by Strangulation

North Star Criminal Defense | Assault, Criminal Charges, Domestic Assault

Domestic assault by strangulation is a felony offense that occurs when the defendant assaults a family or household member by strangulation, which is defined as: Intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose...