Minnesota Domestic Violence Lawyer

Defending Clients in Anoka & Minneapolis Against Domestic Violence Charges

Assault committed in a domestic setting against family, or household members is taken very seriously in Minneapolis, Minnesota. If you are being investigated for, have been arrested, or are currently charged with a domestic violence crime, it is vital that you speak with a domestic violence lawyer as soon as possible. Bringing in an attorney early may save you from being formally charged or may result in charges being dropped.

Without competent legal help, however, you could be at the mercy of false, exaggerated, or misleading accusations from your accuser that can seriously threaten your reputation, your job or career, your freedom, and your future.

At Midwest Defense, we believe you are innocent until proven guilty. We will defend that basis along with all of your other constitutional rights while we work intensively to investigate the facts and circumstances of your arrest that can prove favorable to your defense. These types of cases often arise out of little or no evidence based on your accuser’s allegations that may be unprovable. Our firm is here to work as your advocate and to provide you with an aggressive defense strategy and high-level service.

Have you been accused of domestic violence? Contact Midwest Defense online or at (651) 808-0335 to set up your free, initial consultation with our Minnesota domestic violence attorney.

Domestic Violence Crimes in Minnesota

Domestic assault is a special type of assault in Minnesota due to the fact that it involves a family or household member. It basically consists of intentionally causing or trying to cause bodily injury to the alleged victim or engaging in some type of action that is intended to put the victim in fear of being harmed or killed.

The latter definition means that physical contact does not have to occur; you can threaten the victim, placing him or her in fear, and that alone can constitute domestic assault.

The term “family and household members” is a broad category that includes:

• Spouses and ex-spouses
• Parents and children
• People living together or who have lived together in the past
• Blood relatives
• People who share a child in common
• People involved in a romantic or sexual relationship

Consequences of Minneapolis Domestic Offenses

You may face many different consequences if you are convicted of domestic violence. The following are just a few of these consequences:

• Restitution, fines, and extensive incarceration
• Impact to reputation and job opportunities
• License loss / loss of professional / occupational status
• Loss of your right to own and/or carry firearms
• If you are not a citizen of the United States, you will be deported

Domestic violence restraining orders can also affect your life significantly if they have been served on you. You may lose your home, visitation rights, or custody of your children. Taking action is crucial. Life shouldn't be ruined by one mistake, misunderstanding, or even overreaching claims.

Is Domestic Assault a Misdemeanor?

Domestic assault is charged as a misdemeanor. Misdemeanors generally carry a maximum of up to a year in jail and/or a fine of up to $1,000. However, a repeat offense within a 10-year period can be charged as a gross misdemeanor. Gross misdemeanors can carry jail time of up to a year with fines up to $3,000. A third domestic assault within 10 years will lead to a felony charge which carries a maximum of up to five years in prison and a fine of up to $10,000. You may also be ordered to provide restitution to the victim for medical or counseling expenses or for other damages.

Domestic assault by strangulation is another crime of domestic violence wherein suffocation of the victim is attempted by impeding breathing. This is a felony carrying a maximum of three years in prison and a fine of up to $5,000.

Mitigating Factors in Domestic Violence Cases

Aggravating and mitigating factors are two sides of the same coin when it comes to domestic violence cases. Aggravating factors refer to those circumstances that make a domestic violence case particularly serious and thus require a harsher punishment. Mitigating factors, on the other hand, relate to circumstances present in a case that do not aggravate the severity or culpability of an accused party.

Examples of common aggravating and mitigating factors found in domestic violence cases may include:

• prior criminal history, mental health issues
• provocation or threats made by either party
• the degree of harm inflicted
• whether defense was used (or lack thereof)
• presence of children involved
• substance abuse at the time of the incident

All of these things must be considered when determining appropriate punishments for those accused as well as measures for future deterrence.

How Do Protective Orders Work?

Accusations of domestic violence crimes often lead to protective orders being issued by a court on behalf of the alleged victim. These orders, otherwise known as restraining orders, will prohibit you from making any contact with your accuser, whether in person, through text, phone, email, or letter. They can order you to vacate your home, and can lead to losing visitation rights or custody of your children and contain other restrictions or orders. Because of the significant impact that a protective order can have on your life, it is crucial that you have a criminal defense lawyer in your corner as soon as possible. Our firm can defend you in any court hearings related to such orders to ensure that your voice is heard.

Contact Our Domestic Violence Attorney Today

A domestic violence conviction can deeply impact your life and future, leading to criminal and financial penalties, immigration consequences if you are a non-citizen, and the loss of your right to own or carry a firearm. It will leave you with a permanent criminal record that can impact your ability to get a job, get financial aid, obtain a professional license, or attend higher education. You need to fight back to protect your future. Our domestic violence lawyer in Minnesota is here to respond to your needs and to provide a tenacious defense throughout the legal process.

Contact Midwest Defense today to schedule a free consultation with our Minnesota domestic violence lawyer.