Domestic Assault

27
Jul

Violating an Order for Protection Crime - Minnesota

Criminal Charges, Domestic Assault, Felonies, Gross Misdemeanors / Misdemeanors
A civil order preventing someone from having any direct or indirect contact with another party can lead to criminal charges if it is violated. One of the most common no contact orders in Minnesota is an Order for Protection. Under Minnesota’s D…
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8
Jul

Qualified Domestic Violence Related Offenses - Felony Domestic Assaults

Domestic Assault, Felonies
As we previously detailed in this blog, the type of offenses that are considered “qualified domestic violence related offenses” that enhance future domestic assault charges can be surprising. Why a bar fight assault conviction could lead…
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7
Jun

Domestic Assault by Strangulation - Specific Intent Crime

Domestic Assault, Felonies
Domestic assault by strangulation can often be the byproduct of substance use and/or abuse. A bad night. Some bad choices. Spurred by the affects of alcohol or drugs clouding someone’s judgment. When this happens, an appropriate defense would b…
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30
Jun

Physical Discipline of a Child - Authorized Use of Force

Child Neglect, Domestic Assault, Malicious Punishment of a Child
Minnesota authorizes use of force against another person, without their consent, under limited circumstances outlined in Minn. Stat. 609.06. The most common example is self-defense. But, a common scenario that often gets overlooked is that a “p…
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20
Dec

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

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…
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3
May

Domestic Assault - Intent to Cause Fear Defined

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 immediate…
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19
Feb

Domestic Assault - Defining "Significant Romantic or Sexual Relationship"

Domestic Assault
A 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-spou…
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16
Jan

Domestic Assault Mandatory Sentences

Domestic Assault, Felonies, Gross Misdemeanors / Misdemeanors
One 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…
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7
Jul

SCOTUS Ruling - Gun Rights Are Lost Following Domestic Assault Convictions

Case Law Updates, Domestic Assault, Gun Rights
The 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 possessi…
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15
Mar

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

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 defend…
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