If I’m Charged with a Domestic Assault in Minnesota, can Priors Make it Worse?
The short answer is yes, if those priors are qualified domestic violence-related offense convictions. Domestic assault charges can be terrible for a whole series of reasons including how they impact you, your children, your family, where you can live, your career, your reputation, your life. However, this is an additional aspect of domestic assault charges that can make all of this even worse, they are enhanceable. This essentially means that if you have qualified domestic violence-related offense convictions in the last 10 years, these new charges will likely be charged as more serious offenses. If you are facing domestic assault charges in Minnesota, make sure you contact an experienced domestic assault defense attorney.
“Priors can make a minor domestic assault into something very major without changing the facts at all.”
How can a Misdemeanor Domestic Become a Gross Misdemeanor or Felony?
If you have any prior qualified domestic violence-related offense convictions in the last 10 years, regardless of whether they were committed in Minnesota or not, the prosecutor will likely use those to enhance what would otherwise be charged as a misdemeanor into something far more serious. This could result in either gross misdemeanor or even felony charges.
Gross Misdemeanor Domestic Assault
Under the state, a defendant may be charged with a gross misdemeanor domestic assault if several factors are also present:
if the defendant has alleged committed a misdemeanor domestic assault;
that same person has previous been convicted of a qualified domestic violence-related offense conviction;
if the defendant was convicted or that prior within the last 10 years.
Felony Domestic Assault
Under the state, a defendant may be charged with a felony domestic assault if several factors are also present:
if the defendant has alleged committed a misdemeanor domestic assault;
that same person has previous been convicted of two qualified domestic violence-related offense convictions;
if the defendant was convicted or those priors within the last 10 years.
“There are some careers that will simply not accept a domestic assault conviction of any kind. With one and you are simply done.”
If you are facing misdemeanor, gross misdemeanor or felony domestic assault charges in Minnesota, the enhancement doesn’t just come with a higher charge, they could result in jail and even prison as well as substantial fines. Or course, there are so many other implications to these kinds of convictions that it is hard to list them all out in just one article. Suffice it to say, if this is your first charge or not, contact an experienced Minnesota domestic assault attorney immediately.
Jack Rice is a Board Certified Criminal Law Specialist, a former CIA Officer and a former prosecutor. He is also an award winning and nationally known criminal defense attorney based in St. Paul, MN. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. Jack’s got your back.