A domestic assault conviction can have serious criminal and collateral consequences. Besides any jail or prison sentence imposed, a domestic assault conviction counts against you in child custody disputes and divorce proceedings, prohibits you from owning guns and from hunting, and subjects you too costly and intrusive treatment programs. If you are not a citizen you could be deported.
If you have been cited or arrested for a domestic assault it is vital that you have an experienced criminal defense lawyer to represent you in court. Having won numerous dismissals in domestic assault cases, Jeff Dean has that experience and he will fight hard for a dismissal in your case.
In past cases he has shown that the accusation was false and was made up in the heat of an argument, as retaliation, and to gain an upper hand in a divorce or other court proceeding. Other defenses are that you did not have the requisite intent to cause the harm, you acted in self-defense, or that the evidence does not prove guilt beyond a reasonable doubt.
A domestic assault charge is serious and demands a serious defense. Call today: (612) 305-4360
Domestic Assault Information
According to Minnesota law, domestic assault is defined as either the intent of causing fear of death or immediate bodily harm upon another, or an attempt to inflict or the actual infliction of bodily harm upon another.
Domestic assault is assault on a family member or household member, including any of these relationships:
- Parents and children
- Spouses and former spouses
- Individuals related by blood
- Individuals who are currently living together
- Individuals who have lived together in the past
- Individuals who have a child in common
- A man and a woman, if the woman is pregnant and the man is alleged to be the father
Domestic assault is considered a misdemeanor if it is a first-time offense or if the offender has had no convictions related to domestic violence in the past 10 years.
It is considered a gross misdemeanor if the offender has had one conviction related to domestic violence in the past 10 years.
Domestic assault is considered a felony if the offender has had at least two convictions related to domestic violence in the past 10 years. Penalties include up to 5 years imprisonment and/or a $10,000 fine.
Domestic Assault by Strangulation
By definition, strangulation is intentionally obstructing another’s blood circulation or normal breathing by putting pressure on the neck or threat, or by blocking another’s mouth or nose.
Domestic assault of a family or household member by strangulation is considered a felony. Penalties may include up to 3 years imprisonment and/or a fine of up to $5,000.