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...
Read MoreThere 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...
Read MoreThe 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...
Read MoreA 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...
Read MoreSelf-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...
Read MoreAn 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...
Read MoreDomestic 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...
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