Can a Woman in Minnesota be Charged with Domestic Assault?
In short, the answer is yes. For a long time there has been a popular notion that if the police arrive at a home to investigate a domestic assault allegation, it is the man that gets arrested and hauled away. In fact, statistics seemed to support that contention. However, that is fast changing. Now, law enforcement is just as willing to arrest a woman for assaulting a partner if the police have what they believe to be evidence or even statements to support the arrest.
If you are a woman, domestic assault charges in Minnesota are some of the most difficult charges anybody can face. In the end, the charges can reach into the most personal areas of your life and open them up to scrutiny in the most brutal of ways. If this happens, it is critical that you speak with a Ramsey County and St. Paul Domestic Assault Lawyer to understand what you are up against.
“As a woman, you can be charged with Domestic Assault in Minnesota even if you never lay a finger on somebody.”
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 one counts by the way. In addition to the nature of your relationship, the government must prove one of two things:
that you intentionally caused them even a minimal harm. This is typically an unwanted physically touching of some kind; or
that you caused them fear of imminent harm.
You didn’t misread that last part. Here in Minnesota, you don’t even have to touch somebody to face a potential domestic assault conviction.
Domestic Assault Charges are Enhanceable.
Prior convictions can absolutely impact how you might be charged in a domestic assault case here in Minnesota. This can include injuries, types of weapon used, status of the person, etc. Domestic assault assault charges in Minnesota are enhanceable. This means, you you have an enhanceable prior conviction in the last 10 years, you could face more serious charges now. For example:
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.
Enhanceable convictions don’t necessarily need to be domestic assault convictions nor do they have to be against the same person. Examples include:
Violations of orders for protections;
Violations of no contact orders;
5th degree assaults;
Prior domestic assaults;
Stalking charges;
Felony strangulations.
“The old line, “what you say can and will be used against you” is true. There is another old line, “we are from the government and we are here to help.” That, on the other hand may not be true.”
As a Woman, What to do if you are Accused of Domestic Assault.
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. There is another old line, “we are from the government and we are here to help.” That, on the other hand, may not be true. If you admit to being in an argument, the police will write that down. If you admit to pushing or shoving, they will write that down. If you admit to drinking, even in your own home, it goes into the report. As you can see, what happens when the police step into the room is of paramount important.
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.
Because of changing societal changes regarding domestic assault and women, the threat of domestic assault charges is more real than ever before. Even more, domestic assault charges are rarely if ever simple. There is history and more to understand. There may also be strong defenses to consider. As a result, it is critical to sit down with a Minnesota Domestic Assault Lawyer to discuss what is coming next.
Jack Rice is 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.