Domestic assault is assault towards a member of the defendant’s household. Many charges of domestic assault start from small arguments between household members. But no matter how simply it starts, domestic assault is a criminal charge, and the alleged victim can’t drop the charges even if they feel the situation has been resolved.

This is why it can be daunting to be accused of this offense. Here’s how domestic assault charges work in Minnesota, and what to do if you are charged with this crime.

What counts as domestic assault in Minnesota?

When assault is directed towards the defendant’s family or household member, it is domestic assault. “Family or household members” include the defendant’s spouse, parents, children, siblings, relatives, roommates, and boyfriend or girlfriend. It also includes the relationship between a pregnant woman and the father of her baby.

In Minnesota and many other states, “assault” doesn’t always involve physical contact. The three forms of domestic abuse in Minnesota are:

• Causing physical harm to family or household member
• An attempt to cause harm to family or household member, whether or not that attempt actually caused harm
• Any action that causes fear of harm on family or a household member, such as raising a fist or threatening to injure the person.

Can an alleged victim drop charges of domestic assault?

Because domestic assault is a criminal offense in Minnesota, charges are brought by state prosecution, not by the alleged victim. Hence, the accuser or alleged victim cannot drop or dismiss domestic assault charges. Even if they reconcile with the defendant, and even if they request the prosecutor not to move forward with the case, it’s still up to the prosecution whether or not to proceed.

Further, the prosecution may subpoena the alleged victim to testify in the case even if they don’t voluntarily want to.

How can domestic assault charges be dismissed in MN?

Even though the accuser or alleged victim cannot drop assault charges on their own, the prosecution will weigh their position. The prosecution has the “burden of proof” to show that the defendant is guilty without reasonable doubt. If the alleged victim has taken back their accusation or is uncooperative as a witness, the prosecution is less likely to meet their burden of proof and may agree to dismiss the case.

For the defendant, having a competent defense attorney can be crucial at this stage. The defense lawyer could convince the prosecutor to amend or drop the charges because of the uncooperative witness.

Here are other strategies that the defense may use to dismiss a domestic assault charge:

• Suppression of evidence – If the state illegally obtained evidence against the defendant, they could be forced to drop the charges. Examples of illegally obtained evidence are searching without a warrant or questioning the defendant without their defense lawyer present.

• Lack of evidence – Remember that the prosecution has to prove guilt without reasonable doubt. If they have inadequate evidence, a defense lawyer can assert that they don’t have enough to convict the defendant. This situation happens quite often in domestic assault cases as police officers frequently make domestic assault arrests with little evidence.

• Exonerating evidence – This is evidence showing the defendant is not guilty of assault. Examples are video footage showing that no assault took place, or other documentation showing the defendant was somewhere else during the time of the alleged assault.

• Mistaken identity – In fights or brawls involving multiple persons, it’s possible that the charges were brought against the wrong person. The defendant does not need to prove that someone else was definitely guilty. All the defense has to show is that there is “reasonable doubt” on the guilt of the defendant, and this prevents a conviction.

• Self-defense – When there is imminent harm, Minnesotans have the right to use physical force to defend themselves, their property, or others around them. If the defense can show that the alleged assault was actually a form of self-defense, it can greatly weaken the prosecution’s case. Self-defense is often used if the case centers on a physical fight or altercation.

An experienced defense lawyer can use these strategies and more to get a dismissal of domestic assault charges. It’s important to choose a lawyer with a successful track record in criminal defense, because a domestic assault conviction can result in heavy  penalties. Possible punishment includes years in prison, thousands of dollars in fines, a domestic abuse no-contact order (DANCO), firearm prohibitions, and other criminal consequences.

Contact Criminal Defense Attorney Jeff Dean

In the last 26 years, Attorney Jeff Dean has protected the rights and freedoms of numerous Minnesotans who were facing criminal charges. He has obtained dismissals, lowered charges, and won “Not Guilty” verdicts for his clients, even in complicated cases.

Talk to Jeff Dean about the domestic assault charges you are facing. Call (612) 305-4360 today.