3
Sep

Criminal Harassment - Further Defined

Criminal Charges, Domestic Assault, Gross Misdemeanors / Misdemeanors
Typically, when someone feels harassed, they are advised by law enforcement to get a harassment restraining order, which purportedly offers the protection sought from the harassing behavior. But, in more serious circumstances, the behavior may lead t…
Read More
20
Feb

Fighting an Order for Protection

Constitutional Rights, Domestic Assault
If you’ve just been served with an Order for Protection in Minnesota, your world is potentially flipped upside down. It is critical to understand what this Order is, how it immediately impacts you and your daily life, and what your options are…
Read More
11
Jan

Self Defense - Applies to Any Offense Against a Defendant

Assault, Domestic Assault
Self-defense is one of the common affirmative defenses raised in the criminal justice system. As previously discussed in this blog, it permits a defendant to use force in order to prevent harm against them. That is typically how it is thought of R…
Read More
4
Nov

Victim Cooperation is Critical to Proving Domestic Assault

Assault, Constitutional Rights, Domestic Assault
One of the most critical considerations of a domestic assault or general assault case is victim cooperation. Will the victim cooperate (i.e. testify trial) or is the victim expected to no-show. While being subpoenaed by a court requires the victim to…
Read More
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…
Read More
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…
Read More
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…
Read More
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…
Read More
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…
Read More
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…
Read More
1 2 Last »