Domestic Assault

Misdemeanor Domestic Assault

Gross Misdemeanor Domestic Assault

Felony Domestic Assault

Domestic Assault by Strangulation

Interference With a 911/Emergency Call

Have you or someone you know been charged with domestic assault in Minnesota? Did an argument escalate and you were arrested or are facing jail time?

Call our experienced domestic assault litigation firm today at 612-910-2104 for a free consultation, or click here. We will review your case, listen to your side of the story, outline your options and defenses, and explain the possible outcomes.

Domestic assault charges in Minnesota are serious. Apart from the potential for carrying a significant jail sentence, it’s fairly easy for a domestic assault charge to jump from a misdemeanor to a felony with only a slight change in the victim’s allegations against the individual. If the charges does jump from a misdemeanor to a felony, then the conversation often shifts from avoiding jail and mitigating consequences, to avoiding the imposition of prison time.

A conviction for domestic assault carries lifelong penalties. Jail and prison are possibilities depending on the facts, but the collateral consequences for a domestic assault conviction are equally severe. Finding a suitable job, applying for an apartment, and even buying a house can be made significantly more difficult with a domestic assault conviction on your record. A domestic assault conviction also can also lead to a person losing their professional licensure (medical professionals, educators, etc.), as well as certain constitutional rights, like their right to possess a firearm, forever.

Domestic assault convictions are also enhanceable, which, generally speaking, means that the more convictions you have within a certain period of time, the worse and worse the consequences for subsequent offenses are presumed to become.

Domestic assault is frequently charged in tandem with other crimes, making those charges even more serious, including interference with a 911 call, disorderly conduct, and more. Being charged with domestic assault also generally means that, while the case is pending in district court, the defendant has to abide a domestic abuse no contact order (DANCO), an order for protection (OFP), or another form of a protective order—despite being “presumed innocent” of the pending domestic assault charges. Restraining orders like a DANCO can especially complicate a defendant’s life, as they may prohibit a defendant from returning to their own home for months, even if they are the owner of the home.

Misdemeanor Domestic Assault

Minn. Stat. § 609.2242, subd. 1, outlines the elements of misdemeanor domestic assault. Effectively, there are two types of misdemeanor domestic assault: domestic assault—fear, and domestic assault—harm.

A person commits domestic assault—harm where they intentionally inflict or attempt to inflict bodily harm upon a family or household member as defined in Minn. Stat. § 518B.01, subd. 2.

A person commits domestic assault—fear where they commit an act with intent to cause fear in a family or household member of immediate bodily harm or death. An important distinction between the domestic assault—fear and domestic assault—harm statutes is that a person can commit misdemeanor domestic assault without ever laying a hand on another person. In other words, domestic assault need not involve an actual physical assault, as long as the state can prove that the defendant committed some sort of act with intent to cause fear of immediate bodily harm or death in a family or household member.

If convicted of misdemeanor domestic assault, the defendant may be sentenced to up to 90 days in jail or up to a $1,000 fine, or both.

Gross Misdemeanor Domestic Assault

Gross misdemeanor domestic assault charges are outlined in Minn. Stat. § 609.2242, subd. 2. Because of the enhanceable nature of subsequent domestic assault charges and convictions, whoever commits domestic assault (either domestic assault—harm, or domestic assault—fear) within ten years of a previous qualified domestic violence-related offense conviction or an adjudication of delinquency is guilty of a gross misdemeanor. If convicted, the person may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.

However, under Minn. Stat. § 609.2243, a person convicted of gross misdemeanor domestic assault must be sentenced to a minimum of 20 days imprisonment, at least 96 hours of which must be served consecutively. A defense attorney can attempt to negotiate or argue for a stay of that mandatory minimum jail time, on the condition that the person sentenced complete anger therapy or counseling and fulfill other conditions imposed by the court.

Felony Domestic Assault

Felony domestic assault charges are outlined in Minn. Stat. § 609.2242, subd. 4. Again, due to the enhanceable nature of domestic assault charges and convictions, whoever commits domestic assault within ten years of the first of any combination of two or more previous qualified domestic violence-related offense convictions or adjudications of delinquency is guilty of a felony. If convicted, the defendant may be sentenced to imprisonment for not more than five years or payment of a fine of not more than $10,000, or both.

In determining the appropriate disposition for felony domestic assault, the court is required to presume that a stay of execution with at least a 45-day period of incarceration as a condition of probation must be imposed. If the court imposes a stay of execution with a period of incarceration as a condition of probation, at least 15 days must be served consecutively. That said, If the defendant's criminal history score, determined according to the Minnesota Sentencing Guidelines, indicates a presumptive executed sentence, the Court must impose that sentence unless an attorney convinces the court to depart from the Sentencing Guidelines.

Felony domestic assault charges can also be imposed on a person’s very first offense if there are allegations of strangulation. Under Minn. Stat. § 609.2247, whoever assaults a family or household member by strangulation is guilty of a felony and may be sentenced to imprisonment for not more than three years, or to payment of a fine of not more than $5,000, or both. "Strangulation" is defined by statute to mean intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person.

Wilson & Clas has had significant success defending against charges of domestic violence in Hennepin County (including in Bloomington, Minneapolis, Minnetonka), Scott County (Shakopee), Dakota County (Eagan, Hastings), Le Sueur County, as well as throughout greater Minnesota. This includes securing complete dismissals of charges, as well as favorable negotiated resolutions that result in the dismissal of all domestic assault-related charges.

If you or someone you know have been arrested for or charged with domestic assault or any other sort of crime of domestic violence, call our domestic assault attorneys at 612-910-2104 for a free consultation, or click here to submit an online inquiry.