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...
Read MoreA 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-spouses. It also extends to individuals who live together...
Read MoreOne of the most frustrating parts of our jobs is when we represent clients facing supposed 'mandatory minimums' when charged with certain crimes. It is common knowledge in drug offenses. Not so common knowledge is that there are domestic assault mandatory sentences as well for...
Read MoreThe Supreme Court of the United States recently ruled in Voisine v. United States that a reckless domestic assault is considered a misdemeanor crime of domestic violence. This is significant because the 1996 Lautenberg Amendment bans firearm possession for anyone convicted of a misdemeanor crime...
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 MoreIt is a gross misdemeanor offense for a person to be interfering with 911 emergency calls. Prosecutors treat this offense very seriously, as it is often the byproduct of an in-progress domestic assault. And, like domestic assaults, the consequences for anyone facing a 911 emergency...
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 MoreWhen a person is in custody, he or she can be released on their own recognizance, on conditions (called conditional release) that may include a condition of reduced bail, or on maximum bail. So, the question we often get is - what is the maximum...
Read MoreIf you are charged with a domestic abuse offense – i.e. domestic assault or terroristic threats against a family or household member – you may be required to complete domestic abuse counseling or education program. Minn. Stat. Sec. 518B.02, subd. 1 reads: If the court stays...
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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