What is domestic violence?

Domestic violence is violence that occurs specifically within a family or household relationship. While it is often perpetrated against an intimate partner, domestic violence can also be directed toward a child or another family member.

Who can experience domestic violence?

Absolutely anyone can experience domestic violence. We often discuss domestic violence in the context of women being abused by their male partners, but the perpetrator doesn't need to be bigger or stronger than the victim to engage in abusive behavior. Both men and women have the ability to be the abuser and the abused.

Does domestic violence happen in gay/lesbian/bisexual or transgender relationships?

Domestic violence can happen in any relationship, regardless of the genders and sexualities of the two parties. Sadly, many LGBTQ people who are victims of domestic violence are afraid to come forward because of the lack of societal attention to this topic. They may feel as if the abuse isn’t “bad enough” because their partner is the same gender as them and doesn’t fit stereotypes.

Can men experience domestic violence?

Men can be the victims of domestic violence, even if they are in a relationship with a woman. The goal of domestic abuse is control, and many abusers combine several types of abuse to keep their victim under control. Just because a man may be physically larger than his partner, it doesn’t mean he cannot be a victim of abuse.

How common is domestic violence in Saint Paul, Minnesota?

Domestic violence and domestic violence charges are common in Minnesota, and numbers are increasing. Many people are charged with domestic violence each year, and unfortunately, some of these accusations are not substantiated.

How can I support a friend or family member who is experiencing domestic violence in St. Paul?

Each situation is different, so loved ones should ask the victim what exactly they need to be safe in their relationship. Reporting the abuse to law enforcement may not always be the best way to keep someone safe, but it is an option that should be strongly considered.

What's the Difference Between Assault and Domestic Assault?

The biggest difference between the two is that assault can be perpetrated against anyone, even a stranger, while the title of domestic violence is reserved for intimate relationships between partners and family members. Assault can have many motivations, whereas domestic assault applies to those in an intimate relationship or in a household.

Can I go to jail for a first felony domestic violence in St. Paul, MN?

A jail or prison sentence is a possibility with a felony conviction. If it is your first domestic violence conviction, you may receive time in jail (up to three years), a fine of up to $5,000, or a combination of the two.

Wondering how to face a false domestic violence assault charge in St. Paul?

If you’ve been falsely accused of domestic violence in St. Paul, retain a domestic violence attorney right away. The prosecutors have the burden of proof, so your attorney’s focus will be on creating a defense that clearly shows your innocence.

Is it domestic violence to throw water on someone?

If this incident follows a pattern of abuse, it can absolutely be considered domestic violence. Speak to a domestic violence attorney in St. Paul to learn about your legal options.

How do I find the best Domestic Assault Attorney in St. Paul for my case?

Since domestic violence cases can be nuanced, it’s important that your attorney truly hears your side of things. A domestic assault attorney should be experienced and professional but also compassionate and supportive.

Minnesota Criminal Appeals Lawyers

If You Think Your Recent Criminal Conviction was Unfair, Maybe You Need to Appeal Your Case.

Criminal Appeals Attorneys

Were you convicted at trial? That doesn't necessarily mean it's the final word. Since 1989, over 3,000 people have been wrongfully convicted. The court system can make mistakes more often than many realize, but there are ways to attempt to correct those wrongs. Keep in mind, though—the appeals process is notoriously complex and challenging.

You can't just broadly challenge a guilty verdict. Appeals require you to focus on specific legal errors made during the trial. While this page can't cover every possible avenue for appeal.

If you or a loved one has been convicted but aren't sure what specific errors may apply, don't worry—many of these issues can be difficult to spot, even for trained attorneys. That's why it's crucial to contact a skilled criminal defense lawyer who can evaluate your case and advocate for the strongest possible appeal. Contact Jack Rice Defense today. 651-447-7650

Some common grounds for challenging a criminal conviction include:

Failure to grant a constitutional challenge
Errors in pre-trial rulings
Due process violated during jury selection
Legal errors in opening statements
Errors during direct or cross-examination
Mistakes in closing arguments
Insufficient evidence
Sentencing errors
Plea agreements not being honored

Contact Jack Rice Defense

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Understanding the Process for Appealing a Conviction

Appealing a criminal conviction is a structured process that requires careful attention to detail. Here’s an overview of the steps involved in filing an appeal:

1. Serve the Appeal Papers

You must initiate the appeal process by serving the appropriate paperwork within a specific timeframe, typically within 60 days of the original court ruling. This includes submitting the required forms to the relevant parties, as well as filing them with the Court of Appeals and the district court or the applicable government agency.

2. Prepare the Records and Transcripts

Once the district court receives your appeal paperwork, it will compile the record of the previous trial. This process involves collecting all relevant documents, filings, and exhibits presented during the original trial. It's important to note that appellate courts generally do not consider new evidence during this process.

3. File the Brief

As the appellant, you will submit a written argument known as a "brief." This document outlines the events of the trial and articulates the reasons for the appeal, including any alleged miscarriages of justice and the grounds for requesting a reversal of the decision or a remand of the case.

4. Participate in the Oral Argument or Non-Oral Conference

After the necessary documents are filed, your case will be scheduled for an oral argument or a non-oral conference before a panel of three judges. During an oral argument, your attorney will present your case, explaining the rationale behind the appeal and addressing any questions from the judges. In a non-oral conference, the judges will review the case without the presence of legal counsel.

5. Receive the Decision

Typically, the appellate panel will issue a written opinion within 90 days following the oral argument or non-oral conference. This opinion will detail the decision regarding the appeal. Once the Court of Appeals has made its ruling, it generally will not rehear the case. However, there may still be options to pursue further appeals with a higher court.

FAQs About Criminal Appeals in St. Paul, MN

For felonies and gross misdemeanors, you have 90 days from sentencing to appeal the case. For misdemeanors, you have 30 days from sentencing to appeal the case. The timing on cases are extremely important. Contact an appeals attorney if you are unsure on timing.
Yes, the Minnesota Court of Appeals requires a $550 filing fee for an appeal.
No. A panel of 3 appellate judges will be deciding your appeal.
No, an appeal must be about specific issues that are chosen strategically. The facts in the original case can be building blocks for specific issues that are challenged, but a Court of Appeals will not go through and completely reweigh the evidence for every contested fact from the original trial.
No, they are incredibly difficult. On most issues the Court of Appeals gives deference to the decision at the district court. It is an uphill battle to appeal a case that requires a lot of legal know how and strategy.
It depends. There are certain issues where you can get an interlocutory appeal before the case is over. But there are other issues that you will need to wait until after sentencing in your case before you can appeal it. This is a complicated issue that should be discussed with your attorney.
No. Jack Rice Defense can only help you with appeals for cases in Minnesota.
Yes, if the evidence was introduced in violation of law, you can appeal the judge’s decision to admit the evidence.
Yes, if the evidence was excluded in violation of your constitutional right to present a defense, you can appeal a judge’s decision to exclude your evidence.