Domestic assault in Minnesota. What is a domestic assault case in Minnesota?
Well, first there has to be an assault. An assault is defined as doing an act with intent to cause fear in another of immediate bodily harm, or, intentionally inflicting bodily harm. The next major part of the crime of domestic assault is that it has to involve a romantic partner, or, someone you live with, or, a family member.
The first type of domestic assault is called Domestic Assault – Fear. The second type of domestic assault is called Domestic Assault – Bodily Harm. The distinction can have significantly different collateral consequences. For Domestic Assault – Fear, a person loses their gun rights for only 3 years, under Minnesota law. There is no loss of gun rights under federal law. A conviction of Domestic Assault – Bodily Harm results in a 3 year ban on possession of firearms under Minnesota state law, and a lifetime ban on possession of firearms under federal law.
When a person is charged with domestic assault, a no contact order with the victim will likely be immediately issued. This can result is major problems. The defendant will be required to immediately move out of his house, and, have no contact with his girlfriend/wife. This no contact order may be in effect throughout the duration of the case, which can take 1 to 12 months to resolve. A violation of a no contact order may result in your arrest, and additional bail. A DANCO (Domestic Assault No Contact Order) may also be issued. If a person violates a DANCO, it is a new criminal charge, in addition to a violation of your conditions of release in the current pending criminal case.
A domestic assault can be a misdemeanor, gross misdemeanor, or felony. A first time misdemeanor domestic assault has a maximum penalty of 90 days in jail and a $1000.00 fine. A second charge of domestic assault, within a short period of time, will cause to the charge to be enhanced to a gross misdemeanor, with a maximum sentence of 365 days in jail and a $3000.00 fine. A third charge of domestic assault within a short time frame will be a felony. Being convicted of a felony can cause long term employment problems. Another type of felony domestic assault, is domestic assault by strangulation. Other domestic related charges, like interference with a 911 call, also may be used to enhance charges to a gross misdemeanor or felony level.
Minnesota Domestic Assault Lawyer, Lynne Torgerson, a lawyer of excellence and experience of over 30 years, can represent you or your loved one on all criminal charges, all misdemeanors, gross misdemeanors, and felonies, throughout the State of Minnesota. Ms. Torgerson also successfully handles expungements, and gun rights restoration cases, carry permit appeals, permit to purchase denials, gun purchase denials, and Second Amendment litigation. Please check out her website www.lynnetorgerson.com. For representation please call (612) 339-5073.