Domestic Assault Charges

Navigating Domestic Assault Charges in Minnesota: Your Defense Starts Now

Facing a domestic assault charge in Minnesota can feel overwhelming. The legal implications are severe, often involving immediate separation from your family, the loss of basic rights, and the stress of a complex legal battle. If you or a loved one are facing these allegations, securing skilled legal counsel immediately is not just advisable—it is essential.

As an experienced Minnesota domestic assault lawyer, we are committed to providing a rigorous defense and ensuring your rights are protected throughout this challenging process.

Defining Domestic Assault Under Minnesota Law

In Minnesota, domestic assault is broadly defined as an assault committed against a “family or household member.” This term, as outlined in Minnesota Statute , covers a wide range of relationships, including:

• Spouses and former spouses.
• Parents and children.
• Individuals related by blood.
• People who currently reside together or have done so in the past.
• Individuals who have a child together.
• Persons involved in a significant romantic or sexual relationship.

The assault itself can be any of the following acts against one of these members:

1. Committing an act with the intent to cause fear in another of immediate bodily harm or death (Assault-Fear).
2. Intentionally inflicting or attempting to inflict bodily harm upon another (Assault-Harm).

Physical injury is not required for a charge of domestic assault. Merely making a credible threat of violence or acting with the intent to cause fear can lead to criminal charges.

Understanding the Types of Domestic Assault Offenses

Domestic assault charges are classified based on the severity of the alleged offense and the defendant’s criminal history. This is where the difference between a misdemeanor versus felony charges becomes critical.

Aggravating factors like the use of a weapon, inflicting “substantial bodily harm,” or violating an Order for Protection (OFP) can also immediately elevate a charge to a felony, even for a first offense. This is why immediate legal representation for domestic assault is so vital.

The Serious Legal Consequences of a Conviction

A conviction for domestic assault carries long-term consequences far beyond fines and jail time. These collateral penalties can drastically impact your life:

• Loss of Firearm Rights: Under federal and state law, a conviction for even a misdemeanor domestic violence offense can result in a lifetime ban on possessing firearms and ammunition.
• Employment and Housing: A criminal record, especially one involving domestic violence, can make it exceptionally difficult to obtain or retain a professional license, secure employment, or find housing.
• Child Custody: A domestic assault conviction can significantly influence child custody and parenting time decisions in family court, often to the detriment of the convicted parent.
• No Contact Orders: The court will almost certainly issue a Domestic Abuse No Contact Order (DANCO) at your first appearance, preventing you from contacting the alleged victim—which can force you out of your home.

Effective Domestic Violence Defense Strategies

Building a strong defense requires a defense attorney for domestic violence who thoroughly investigates every detail of your case. While every defense is unique, common and effective domestic violence defense strategies include:

• Self-Defense: We may argue that you only used reasonable force to protect yourself from imminent bodily harm by the alleged victim, who was the initial aggressor. The burden then shifts to the prosecution to disprove your claim of self-defense.
• Lack of Evidence/Reasonable Doubt: The prosecution must prove all elements of the crime beyond a reasonable doubt. We can challenge the reliability of witness statements, inconsistencies in the alleged victim’s account, or the lack of physical evidence to argue the state cannot meet its high burden of proof.
• False Accusations: Sadly, false allegations sometimes arise in emotional or contentious situations, particularly during divorce or child custody disputes. A meticulous investigation can uncover the accuser’s motive and expose a fabrication.
• Mistake or Accident: For an assault to occur, the act must be intentional. If the injury was purely accidental, we can argue the necessary element of intent is missing.

The Indispensable Importance of Legal Representation

In Minnesota, once police are involved and an arrest is made, the decision to press or drop charges rests with the prosecutor, not the alleged victim. The system is designed to prosecute these cases aggressively. This reality underscores the necessity of a dedicated Minnesota domestic assault lawyer.

An experienced attorney will:

• Manage the Immediate Crisis: Advise you on pre-trial release conditions, negotiate the terms of a DANCO, and protect your right to remain silent.
• Conduct Independent Investigation: Gather evidence, interview witnesses, and challenge the police’s collection and handling of evidence.
• Navigate the Court System: File critical motions, represent you during all hearings, and fight to exclude illegally obtained evidence.
• Pursue a Favorable Outcome: Work toward a dismissal, acquittal, reduction to a lesser charge, or a non-conviction resolution like a Stay of Adjudication that can help protect your record.

Do not risk your freedom, your family, or your future by trying to navigate this complex legal maze alone.

Protect Your Rights and Future

The time to talk to a defense attorney is now. Every hour that passes gives the prosecution more time to build its case against you. Whether the charge is a misdemeanor or a serious felony, a conviction for domestic assault can have serious consequences in your life.

If you have been arrested, charged or have potential charges pending against you for domestic assault, do not speak to law enforcement or the alleged victim until you have legal counsel. Contact our office immediately for a confidential consultation. 

Call Attorney Anthony Grostyan at 612-341-6575 or email: tony@grostyanlaw.com.