11
Jan

Self Defense - Applies to Any Offense Against a Defendant

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…
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4
Nov

Victim Cooperation is Critical to Proving 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…
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27
Jul

Violating an Order for Protection Crime - Minnesota

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

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 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

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?

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

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"

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

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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