DOMESTIC ASSAULT
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In Minnesota, you may be charged with Domestic Assault if you are alleged to have committed an assault against a family or household member. Domestic Assault charges carry serious penalties if convicted. Unfortunately, little evidence is needed to charge a person with Domestic Assault. Since many of these incidents occur within a household, there are typically no witnesses or very few witnesses to the alleged assault. Many times, the State will build their case around the statements made at the scene of the incident. This is why it is important to contact an attorney immediately if someone reports you for committing Domestic Assault. Trevor Lushanko has successfully defended clients against Domestic Assault charges, with numerous dismissals and reduced charges. Contact Lushanko Law today if you or someone you know has been charged with Domestic Assault.
Domestic Assault Laws in Minnesota
What is Domestic Assault?
Under Minnesota Statute 609.2242 it is against the law to commit any of the following actions against a family or household member:
Committing an act to intentionally cause fear of immediate bodily harm or death in another person; or
Intentionally inflicting or attempting to inflict bodily harm upon another person.
Based on this statute, a person does not need to hit someone or make contact with them to be charged with Domestic Assault. Simply committing an act to cause fear of harm is unlawful in Minnesota. For example, if you pull your hand back as if you are going to punch someone, and you do this to make them believe you are going to punch them, this action could be considered an assault without actually making contact with the person.
Who is Considered a Family or Household Member?
In order to be convicted of Domestic Assault, the State must prove that you committed an assault against a family or household member. Under Minnesota Statute 518B.01 “family or household member” includes the following relationships:
Spouses and former spouses
Individuals related by blood
A man and woman if the woman is pregnant and the man is alleged to be the father
People involved in a significant romantic or sexual relationship
Parents and children
People living together currently or in the past
People who have a child together (regardless of whether they were ever married or lived together)
As you can see, the phrase “family or household member” includes more individuals than those that you share a house with or are related to. The State has to prove that the person alleged to have been assaulted fits under one of these relationships with the accused individual to convict them of Domestic Assault. Although it may not be difficult to prove that two people live together or that they are related by blood, it is often more difficult for the State to prove that individuals are involved in a “significant” romantic or sexual relationship.
Domestic Assault Penalties
Under MN statue 609.2242, the maximum punishment for Domestic Assault ranges from 90 days in jail and a $1,000 fine to 5 years in prison and a $10,000 fine. These maximum punishments depend on a number of different factors. You may be facing increased penalties if the following factors are present in your case:
The alleged victim was choked/strangled.
The Defendant has been convicted of one or more prior domestic violence-related offenses.
A dangerous weapon was used during the commission of the assault.
Request a Free Consultation
If you are charged with Domestic Assault, you need an experienced attorney that will vigorously fight on your behalf to reach the best possible outcome in your case. Call Lushanko Law today at 952-818-6376 or fill out the online contact form below.