Domestic Assault Charges in Minnesota
In the past ten years, there has been a dramatic increase in allegations of violence within the home. Many unhappy individuals have found the benefits of making accusations of domestic violence in order to spite or punish someone they are angry at and they do so knowing that the justice system is on their side. Unfortunately, this has created a large number of false allegations against innocent individuals who find themselves facing harsh penalties.
Domestic violence refers to any violence or abuse that occurs between family members, people who live together, or those in a romantic relationship. Many domestic violence cases involve actual physical assault, but emotional abuse, violent threats or intimidation are also domestic violence crimes. If you have been accused of domestic violence, contact a Minneapolis criminal defense attorney right away. Police take such actions very seriously and will not be lenient in their treatment of you. Such situations require a precise address and a qualified legal professional is your most valuable ally. Do not discuss your case with police until your attorney is present as you may make comments which can be misconstrued and used against you.
Domestic violence charges can be especially destructive if you are involved in a custody dispute. It is not uncommon for these two situations to go hand in hand and many charges have been based on false accusation by one party who is seeking to discredit the other. This can have a significant impact on the outcome of your custody case so do not wait to seek legal help. You may even have an Order for Protection issues against you, which may prevent you from accessing your own home and make it incredibly hard, if not impossible, to see your children. Violating the order will only aggravate your legal situation so the best thing to do is contact an experienced Minneapolis criminal defense lawyer for help.
According to Minnesota Statutes § 609.2242, domestic assault is the intentional infliction or attempt to inflict bodily harm against a member of the same household or to do something that would cause the victim to fear bodily harm. Domestic violence has become the center of attention in society, creating a prejudice against anyone accused of the crime regardless of whether they are guilty. While the justice system claims to be above popular stereotypes, there is often a lean towards alleged victims of domestic violence, creating an assumption of guilt in the courtroom.
Penalties for Domestic Violence in Minnesota
Depending on the severity of the abuse, a person in Minnesota may be convicted of either gross misdemeanor domestic violence or felony domestic violence. This distinction determines the probably sentence for the alleged perpetrator. Felony domestic violence carries a sentence of at least 45 days in prison while a gross misdemeanor domestic violence conviction is accompanied by at least 20 days imprisonment. The court may also order participation in anger management programs and require the defendant to comply with any pertinent restraining orders requested by the alleged victim.
Domestic Assault Defense Attorney
A conviction for any assault charge can have serious consequences including denial of employment and related security clearances for employment or travel, denial of housing rental agreements, prohibition of the ability to possess firearms, being disqualified for a permit to purchase a firearm and being denied for a permit to carry a firearm.
Anthony Grostyan is an experienced criminal defense attorney with more than 14 years of experience successfully defending domestic assault charges including misdemeanor, gross misdemeanor, felony domestic assault and felony domestic assault by strangulation. Call Anthony Grostyan for free legal advice about your domestic assault charge.
By: Anthony M. Grostyan, Esq. Calls answered 24 hrs/day 612-341-6575.