Can a Man be the Victim of Domestic Assault in Minnesota and Still Get Charged?
A domestic assault can happen between anybody in a domestic environment. That being said, there is still a common misconception that it only happens between a man and a woman and that the man is the perpetrator. Sadly, this is even true with police officers who walk into the room and start making snap judgments regardless of the evidence or lack of evidence. Hence, it is absolutely possible to be a man and be the victim of domestic assault in Minnesota and end up being the one who gets charged with domestic assault. If you are facing domestic assault changes in St. Paul, Minneapolis, Stillwater, Hastings, Bloomington or anywhere else in Minnesota, make sure you sit down with a Board Certified Criminal Law Specialist and experienced Minnesota domestic assault attorney.
“As a man, its absolutely possible that the evidence shows you are the victim and you will still be the one who gets charged.”
What Must the State Prove in a Domestic Assault Case?
For the government to prove you guilty of domestic assault, they must first prove that the “victim” is somebody you are related to or somebody with whom you have a close and intimate relationship, i.e. a spouse, partner, family or household member. A former partner counts by the way. In addition to the nature of your relationship, the government must also prove one of two things:
That you intentionally caused them even a minimal amount of physical harm. This is typically an unwanted physically touching of some kind or worse; or
That you caused them fear of imminent harm.
Believe it or not, it doesn’t take harm. Just a perceived notion of imminent harm may be enough. In other words, “I thought he might . . .” This could be enough for a Minnesota domestic assault conviction.
“It is a criminal offense and it can give some people to have the perception that you are volatile and dangerous.”
Previous Domestic Assaults can Make it Worse.
If you have a clean record, a domestic assault can still be a very serious charge. It is a criminal offense and it can give some people to have the perception that you are volatile and dangerous. That being said, if you have prior convictions, it can get very difficult, very very quickly. Domestic assault assault charges in Minnesota are enhanceable. This means that if you have an enhanceable prior conviction in the last 10 years, you could face more serious charges. For instance
Misdemeanor domestic assault: A first offense domestic assault with no prior enhancing convictions in the last ten years. You could face up to 90 days in jail and a $1000 fine.
Gross misdemeanor domestic assault: A second offense domestic assault with one prior enhancing convictions in the last ten years. You could face up to a year in jail and a $3000 fine.
Felony domestic assault: A third offense domestic assault with two prior enhancing convictions in the last ten years. You could face up to five years in prison and up to a $10,000 fine.
What Kinds of Priors Can be Used to Enhance Charges in Minnesota?
While prior domestic assault convictions can be used to enhance charges, it isn’t just domestic assault convictions. There are others kinds of charge and it also doesn’t have to be the same “victim.” Consider that here in Minnesota, enhanceable convictions include:
Violations of orders for protections;
Violations of no contact orders;
5th degree assaults;
Prior domestic assaults;
Stalking charges;
Felony strangulations.
“Its called cognitive bias. When the police walk into a room looking for things to support that bias, they can find them. Worse, they will also ignore things that are inconsistent with that bias.”
So, What do you do if you are Charged but are Actually the Victim?
When the police arrive, they are collecting evidence including your statement if they can get it. The purpose is to build a case. The old line, “what you say can and will be used against you” is true. If the police want to talk, ask to have your lawyer present. You may think this makes you look guilty but understand, if they have enough to arrest you, they likely will anyway. Knowing your rights is always the first step. I can’t count the number of times people have talked themselves into jail and prison cells based upon their own statements.
While people are starting to change, including the police, as it applies to domestic assault. That being said, some old habits die hard. With domestic assaults, if you walk into the room with a bias, you will find things that are consistent with that bias. As a result, it is critical to sit down with a Minnesota Domestic Assault Lawyer to discuss what is coming next.
Jack Rice is the Founder of Jack Rice Defense, a boutique criminal defense firm based in St. Paul. Jack is also a Board Certified Criminal Law Specialist and Minnesota Domestic Assault Lawyer with extensive experience handling domestic assault cases. Contact Jack Rice Defense for a free consultation or call 651-47-7650 or 612-227-1339.