Understanding the Elements in a Domestic Assault Case in Minnesota
When facing domestic assault charges in Minnesota, it is important to understand the elements that a prosecutor must prove in order to gain a conviction. Even further, it is important to remember that the State has the burden to prove each of these elements beyond a reasonable doubt. An experienced Minnesota criminal defense attorney should attack each of these elements. Further, another purpose of a robust criminal defense is to prepare to bring the State’s case into question before a jury. The purpose of this article is to explore the required elements that the State must prove in a domestic assault case in Minnesota and the significance of what a strong criminal defense can bring to the table.
“While attacking the State’s entire case is important, sometimes, zeroing the attack on a singular element is what really matters.”
What are the Elements of Domestic Assault in Minnesota?
In order to convict somebody of domestic assault in Minnesota, a prosecutor must prove all the elements beyond a reasonable doubt. These elements include:
Commiting an act with intent to cause fear in another of immediate bodily harm or death; or
Intentionally inflicting or attempting to inflict bodily harm upon another.
Committing this act against another with a designated relationship defined by Minnesota law. This includes spouses, current or former intimate partners, parents, children, and other members living in the same household.
Attacking the State’s Case
Every criminal case is unique. As a result, it is critical to customize the defense accordingly. At the same time, there are a lot of considerations at your disposal but the three most common are:
Insufficient Evidence: It never happened and the State can’t prove it anyway. This is always the first and maybe last approach. The State has the burden to prove their case beyond a reasonable doubt. Using this approach is a frontal attack credibility of witnesses, presenting contradictory evidence and inconsistencies.
Self-Defense: This is the it happened but I was defending myself defense. You have the absolutely right to defend yourself or defend others from imminent hard.
Mistake: This is essentially to go after intent. Simply put, this was an accident. It was not intentional. There was never an intent to scare, touch or to inflict bodily harm on another.
“While every case is different, a domestic assault charge can get you fired, thrown out of your house and denied access to your loved ones and this is before the State has proven a thing.”
Why a Strong Legal Defense Matters so Much
Facing domestic assault charges can have brutal consequences, including jail, fines, no-contact orders and an enormous blow to your professional and personal reputation. As a result, it is critical to retain an experienced Minnesota domestic assault defense firm. They can provide you with a complete case evaluation, build a customized defense strategy, and prepare for trial as well as look at possible alternatives to trial including negotiating a favorable outcome. Knowing that you have an experienced Minnesota domestic assault attorney on your side can make all of the difference.
Jack Rice is a former prosecutor, a former CIA Officer and a Board Certified Criminal Law Specialist. He is also the Founder of Jack Rice Defense a boutique criminal defense firm based in St. Paul, Minnesota. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. When your life in on the line, Jack Rice Defense.