Understanding Domestic Assault by Strangulation Charges in Minnesota
In the state of Minnesota, domestic assault charges can come with significant criminal ramifications, but when the term "strangulation" is added to the mix, it elevates the gravity of the situation to a criminal charge that is far more serious. Even for first-time offenders with no prior criminal record, a felony charge can be applied. This article sheds light on what it means to face a Minnesota Domestic Assault by Strangulation charge and the importance of seeking legal counsel if you're in such a situation.
“Even first-time offenders could face felony charges if somebody claims strangulation.”
Defining Domestic Assault by Strangulation in Minnesota
Domestic Assault by Strangulation in Minnesota is a felony offense that applies when someone is charged with the more severe form of domestic assault, known as Assault by Strangulation, against a family or household member. To meet the criteria, the following elements must be present:
Domestic Assault
Involvement of a family or household member
The assault must involve strangulation
Understanding Strangulation in Minnesota
Minnesota law defines strangulation more broadly than one might typically think. According to the statute, strangulation occurs when someone intentionally obstructs another person's normal breathing or blood circulation by applying pressure to the throat or neck, or by blocking the nose or mouth.
This broad definition opens the door to various scenarios, including slight obstruction of breathing, causing dizziness through throat pressure, or stopping someone from yelling by covering their mouth. Essentially, any act that affects breathing or blood circulation can be considered strangulation. As a result, a typical domestic assault charge can easily be escalated to a felony strangulation charge based on the level of force used.
Defining Assault in Minnesota
Assault in Minnesota can be categorized as either intentionally inflicting harm through physical contact or creating a fear of imminent harm, even without physical contact. In the context of strangulation, it involves deliberately impeding normal breathing or circulation through pressure applied to the nose or throat. The severity of harm caused can result in varying degrees of assault charges, such as 3rd-degree or 2nd-degree assault. Additionally, if statements or threats are involved, additional charges like Felony Terroristic Threats or Threats of Violence can be added. To understand your legal exposure and potential consequences, it is essential to consult with an experienced Domestic Assault Criminal Defense Lawyer.
Defining Family or Household Member in Minnesota
Minnesota defines "family or household member" broadly. It encompasses not only immediate family or cohabitants but also individuals with whom you have had past or ongoing sexual relationships. This means that past partners who do not live with you can also fall under this category.
Potential Consequences for a Domestic Assault by Strangulation Conviction
If convicted of Domestic Assault by Strangulation in Minnesota, the consequences may include:
A felony conviction
Up to 3 years in prison
A fine of up to $5,000
Defending Against a Felony Domestic Assault by Strangulation Charge
It is crucial to vigorously defend against domestic assault charges, especially when they involve strangulation. A conviction can result in prison time and fines, but it can also lead to being labeled as dangerous and unstable, which can have profound consequences on your life, job, and reputation.
Remember that the burden of proof lies with the State, which must demonstrate beyond a reasonable doubt that a crime was committed. They need to present physical evidence, forensics, and consistent statements from the complaining witness to convince a jury. Any inconsistencies or changes in the witness's story can significantly impact the case.
If you are facing serious domestic assault allegations in Minnesota, including Domestic Assault by Strangulation, consider reaching out to Jack Rice Defense for a confidential consultation. Jack Rice, a former prosecutor and Board Certified Criminal Law Specialist, is a St. Paul-based criminal defense attorney who can provide you with expert guidance. Contact Jack Rice Defense at 651-447-7650 or 612-227-1339.