When is Assault Considered to be “Domestic”?
3 years ago by Justin M. Schiks
Any assault charge incurred in Minnesota can have serious and dramatic consequences, including jail time, fines, and other penalties. These potential penalties may increase if the assault is deemed a “domestic” assault. In the State of Minnesota, a domestic assault in an act where the accused either inflicts or attempts to inflict some type of bodily harm on either a family member of some other member of the accused’s household. Moreover, at the time of the offense, the accused must specifically have intended to cause the alleged victim to experience fear of some type of serious bodily harm or death.
In cases of simple domestic assault, the accused may only be charged with a misdemeanor. However, if certain aggravating factors are present, the accused can be charged with felony domestic assault. Upon conviction, he or she can face a maximum prison sentence of three years and/or a maximum monetary fine of $5,000.
If you have been charged with a crime of domestic assault in Minnesota, you need an experienced Woodbury assault lawyer at JS Defense, PA, advocating for you as soon as possible. Please call us today at (651) 968-9652 or contact us online to learn more about how we can assist.
Who are Family or Household Members?
There are various individuals who may constitute family or household members within the meaning of Minnesota’s domestic assault laws. Under the law, family or household members include any of the following:
- Individuals who share some blood relationship
- Spouses and former spouses
- Parents and children
- Individuals who currently reside together or have resided together at some point in time
- Individuals who are involved in a significant sexual or romantic relationship
- A woman and man, in cases where the woman is currently pregnant and where the man is the presumed father
- Individuals with one or more children in common
Being Arrested for a Domestic Assault Crime in Minnesota
Under certain circumstances in the State of Minnesota, peace officers have the authority to arrest an individual without a warrant if the officer has probable cause to believe that the accused committed a domestic assault crime within the past 24-hours. In these instances, an officer has the authority to make the arrest at any location – even in the accused’s residence. Moreover, the incident of domestic assault need not occur while the officer is actually present at the location, in order for the officer to make an arrest.
Peace officers are also authorized to arrest someone without a warrant if the officer has probable cause to believe that the accused individual violated a no-contact order and/or an Order for Protection (OFP) that prohibits the accused from entering onto the alleged victim’s place of employment or residence.
Call Us Today to Schedule a Consultation with a Woodbury Domestic Assault Defense Attorney
If you are facing a criminal charge for domestic assault, the legal team at JS Defense, PA, can help you take the necessary steps to respond to your charge. For a free case evaluation and legal consultation with an experienced Woodbury assault lawyer, please call us today at (651) 968-9652 or contact us online for more information.