Can I Be Charged with Domestic Assault Even if I Didn't Touch Them?
The short answer is yes. In Minnesota, there are generally two kinds of domestic assaults, a physical assault and what is called a fear assault. The physical assault is somewhat obvious and assumes actual physical contact such as a touch, hit, slap, punch, etc.. However, it is the fear assault can get a little tricky.
In a fear assault, you don’t even have to physically touch somebody is order to potentially run afoul of the law in Minnesota. Rather, all you have to do is cause “fear of imminent harm.” In other words, if the person reasonably thinks that you are about to hit them, that is enough. Of course, the phrase “reasonably thinks” is certainly open to interpretation and something that juries struggle with everyday.
If this sounds like something you might be facing, contact me today and I will happily sit down with you for a free consultation.