Those who have been charged with domestic assault have much on the line. It’s important to know how to defend your rights in this situation.
Below, our Minneapolis defense attorneys discuss what constitutes domestic assault in Minnesota.
In the state of Minnesota, it is unlawful to purposefully cause physical harm or prompt fear of physical harm or death to someone in your family or household.
Household or family members include the following:
- Parents and children
- Blood relatives
- Former and current spouses
- Former and current co-habitants
- People that have a child together (no matter your marriage or co-habitation standing)
- A man and woman if the woman is pregnant and the man is the alleged father (no matter your marriage or co-habitation standing)
- Those involved in a significant romantic or sexual partnership
In Minnesota, domestic assault charges can range from misdemeanor offenses up to felony level offenses. Much of this will depend on the alleged assaulter’s criminal history as well as the particular facts of the present case. Consequences can range from jail to prison time, fines, court ordered extensive therapy, and no contact directives. Collateral consequences may include loss of gun and voting rights, conviction affecting employment and housing, as well as the ability to volunteer in certain settings.
Anyone who commits the following crimes against a family or household member while using a firearm they own must forfeit their gun:
- Domestic assault by strangulation
- Assault in the first- to fifth-degree
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 who have experienced domestic assault may decide to pursue a protective order, or restraining order, that requires the alleged abuser to stay a certain distance away from the filer for at least one year. This order may be extended.
Those who wish to obtain a protective order will need to file a sworn affidavit regarding the particular circumstances that have caused them to require such an order. In addition, a hearing will need to be scheduled within 14 days of the filed affidavit.
If you are facing allegations of domestic assault, your future is on the line. During this time, you need the assistance of an experienced defense team who knows how to fight for your rights.
Contact us Caplan & Tamburino Law Firm, P.A. today at (612) 444-5020 to schedule a consultation with our team.