Those who have been charged with domestic assault face stiff penalties if convicted.
Read on to learn the consequences of this crime in the state of Minnesota.
Domestic assault is not a joke, and in Minnesota, the courts don’t treat it as one. For a first-time offense, one can be charged with misdemeanor Domestic Assault if they commit either of the following against a family or household member: (1) an act with the intent to cause fear in another of immediate bodily harm or death; or (2) intentionally inflicts or attempts to inflict bodily harm upon another. For a misdemeanor charge, the maximum penalty is 90 days in jail, a $1,000 fine, or both.
Further, even if it is a first-time offense, a charge for felony domestic assault is possible if there is an allegation of strangulation or in some way blocking the nose or mouth of a family or household member. For a felony domestic assault charge, a penalty will depend on any prior criminal history. However, assuming a greater penalty is not called for elsewhere, a person may be sentenced to 3 years imprisonment, a fine of $5,000, or both.
For a person who has sustained more than one previous domestic violence-related conviction within a period of 10 years, they will be charged with a gross misdemeanor. If there are two qualified convictions within 10 years of a third offense, a person may be charged with a felony.
In this situation, due to prior convictions, substantial jail time may be sought by the State. Further, extensive therapy may be ordered by the court, and no contact orders may be put in place regardless of the alleged victim’s wishes.
If a person commits domestic assault by strangulation or assault in the first- to fifth-degree against a family or household member and they used a firearm, in any way while committing the crime, that person must forfeit their gun.
Should the person possess a firearm while prohibited, they could be charged with a new offense and face serious consequences. Additionally, due to possessing a firearm while prohibited, they could violate their probationary term and face consequences on the original case.
Those facing domestic assault charges need a strong, experienced defense team by their side.
Our attorneys here at Caplan & Tamburino Law Firm, P.A. are highly skilled in this area of the law, and we’ve protected the rights of countless clients across the state. We’re here to help you, too.
Contact us Caplan & Tamburino Law Firm, P.A. today at (612) 444-5020 to schedule a consultation with our team.