Under Minnesota law, anyone who commits an act with intent to cause fear in a family or household member of immediate bodily harm or death, or intentionally inflicts or attempts to inflict bodily harm upon another has committed domestic assault. Owning a firearm and using it in committing domestic assault results in forfeiture of the firearm. In addition, the Court may prohibit the individual from carrying a firearm for three years from the date of their conviction.
In Minnesota, the definition of a family or household member includes:
- Spouses or former spouses
- Parents, children, or persons related by blood
- Persons residing together or who have previously resided together
- Persons who have a child together, regardless of whether they have been married or lived together at any time
- A man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time
- Persons involved in a significant romantic or sexual relationship.
Charges can range from a Misdemeanor to Felony, based upon the number of convictions in the previous 10-year period. Charge including strangulation are considered a felony offense and come with a three-year prison sentence if found guilty. Defenses to domestic assault may include: self-defense, defense of another individual or property, mutual assault, or reasonable doubt.
Many complicated issues arise from a charge of domestic assault. In addition to criminal consequences, a Domestic Assault No Contact Order (DANCO) may be issued, a conviction will show up for prospective employers on a criminal background check, probation may be ordered, and anger and/or chemical use assessments may be ordered.
It is important to have your side of the story heard. Call us at 612-548-4453 for a free consultation with an experienced criminal defense attorney today.