How is a Domestic Assault Different than a Normal Assault in Minnesota?
Domestic assault charges can vary depending upon the severity of the allegations as well as whether there are any prior domestic related convictions that can enhance those same charges into far more serious offenses. Regardless, they are different than other kinds of assaults. The one requirement that is consistent with all domestic related offenses is that it involves “family or household members” and this is specifically defined by Minnesota statute. If you are facing serious domestic assault charges, make sure you consult with an experienced Minnesota criminal defense attorney.
“The thing about domestics is that they all seem to come with an underlying implication, if you are charged, you must be unstable and dangerous.”
Who Qualifies as a Family or Household Member?
According to Minnesota statute, “family and household members” are defined as:
spouses and former spouses;
parents and children;
persons related by blood;
persons who live together or who have lived together;
persons who have a child together whether they were married or not;
a man and woman, if the woman is pregnant, and the man is allegedly the father, whether they are married or ever lived together;
persons involved in a significant romantic or sexual relationship.
What is a “significant romantic or sexual relationship?”
In Minnesota, the Courts will look at multiple factors to determine whether a relationship was significant. These include:
the length of the relationship;
what type of relationship;
how frequently they interacted;
length of time since the relationship ended.
“Domestic assault charges often come with a lot of anger and bias as well as motive. There may be a lot of reasons why somebody would lie to the police.”
Domestic assault cases can be far more difficult than many other criminal charges exactly because of so many of the factors above. There is frequently a long history that can result in motive, bias and incredibly strong feelings. Because of this, it is important to be able to tell your side of the story. An experienced Minnesota criminal defense attorney can help you do that.
Go with the Best
Jack Rice is the Founder of Jack Rice Defense, a boutique criminal defense firm based in St. Paul, MN. He is a former prosecutor, former CIA Officer, a Board Certified Criminal Law Specialist and nationally renowned Criminal Defense Attorney. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. Jack’s got your back.