Law enforcement agencies and our criminal justice system have drastically changed the way they handle cases involving domestic violence. Where police at one time may have responded to domestic disturbance calls as peacemakers who simply told parties to stop, today officers nearly always make an arrest when responding to these calls. While this aggressive approach is intended to protect victims, it can and often does lead to arrests based on false accusations.
If you or someone you know has been wrongly accused of domestic violence, or domestic assault under Minnesota law, it is important to remember that you have the right to tell your side of the story and challenge the government’s case against you. At Caplan & Tamburino Law Firm, P.A., we leverage decades of combined experience from award-winning lawyers to fight for the rights and futures of clients charged with all types of crimes, including domestic assault and restraining order violations.
Domestic violence allegations alone can threaten one’s reputation, profession, and wellbeing, as well as their freedom and future. When those allegations are unfounded, it still requires a fight to prove your case, especially when prosecutors are looking to gain convictions. This is why it becomes critical to work with defense attorneys who have the experience and resources to fight on your behalf.
When you have been wrongly accused of domestic assault, there are few things you should know:
- The Charge – Under Minnesota law (§ 609.2242), a person can be charged with domestic assault if they if they threaten violence, intentionally harm, or attempt to harm a member of their family or household.
- The Penalties – When you understand the charges you face and what’s at stake, you gain a better understanding of why you need to work with proven lawyers. Domestic violence is a serious criminal offense, and first time offenders face hefty fines, court ordered classes, and terms of imprisonment. Additional consequences include probation, the risk of deportation for non-citizens, adverse actions involving professional licenses, loss of the right to own a firearm, and a criminal record that can impact your reputation and limit employment opportunities. The short- and long-term consequences posed by a domestic assault conviction put a lot on the line.
- Aggravating Factors – You can face elevated charges and penalties, including longer terms of imprisonment, if there are aggravating factors in your case. These may include prior convictions, violating a restraining order, violating probation, and the use of a firearm. Individuals who face allegations for domestic assault with two or more domestic violence related convictions within the past ten years can also face felony charges and up to 5 years in prison.
- Your Rights – You right to remain silent is an important right, but following an arrest, it becomes increasingly important to understand that you have every right to challenge the accusations and make your case as to why they are false. To make the most of this opportunity, you can exercise your right to legal representation and work with an attorney from Caplan & Tamburino Law Firm, P.A. who can carefully review and investigate your case and tailor an effective strategy to the unique facts involved.
Domestic assault is not a charge to be taken lightly, and it is important to remember that these cases may also result in restraining orders that prevent you from having contact with an alleged victim or being within a certain distance of the alleged victim. To ensure that your rights are protected, you have the guidance and counsel you need to navigate the process and any court terms, and the support of experienced defense lawyers who can fight on your behalf, you can work with Caplan & Tamburino Law Firm, P.A. Our legal team is available 24/7 to take your call. Contact us today.