What are the Common Defenses for Domestic Assault Charges in Minnesota?
Domestic assault charges in Minnesota can be difficult, complicate, complex and emotionally charged.. As a result, getting a fair trial can sometimes be difficult. To ensure this happens, it is important to consult with an experienced Minnesota domestic assault defense firm like Jack Rice Defense. In this article, we will look at some of the common defenses used in domestic assault trials in Minnesota.
“Every domestic assault case is different. As a result, the idea of one-size-fits-all needs to go right out the window.”
What are some of the common defenses used in domestic assault trials?
There are multiple possible defenses to domestic assault charges in Minnesota. These defenses include:
Not Guilty: It didn’t happen. This frequently happens based upon false accusations. This defense strategy often focuses on motive and inconsistencies in the allegations in order to establish that the statements were false from the beginning. This can involve gathering witness statements, text messages, social media, or other evidence that contradicts the accuser's claims.
Self-Defense: Okay, it did happen but I was defending myself. This is a very common defense as it may acknowledge some of the underlying facts but also highlight the additional facts of self defense because of harm or even imminent harm.
Defense of Others: Very similar to self-defense accept to applies to defending others. The standard is the same but it broadens the number of individuals you are trying to protect.
Mistake: OK, it happened but I didn’t mean it to happen. Very simply, there was to intent for this to happen and it was a mistake. This embraces certain facts and even leans into them but also helps explain why they happened.
Burden of Proof: It may have happened but the Government can’t prove it was me. This falls back on the burden of proof. The Government has the obligation to prove beyond a reasonable doubt that a crime was committed and that the defendant committed that crime. If they fail to present to proof, the jury has the obligation to find in favor of the defendant.
Constitutional Violations: In every case, the government is obligated to adhere to the State and Federal Constitutions. In the event that they fail to do so, if may be possible to suppress large pieces of evidence or even have the case dismissed outright. Essentially, this then falls under the burden of proof, meaning there be insufficient evidence left to establish the defendant committed any crimes whatsoever.
“In the end, the government has the burden to prove what happened beyond a reasonable doubt. In the event they they fail, the jury has an obligation to find for the person charged.”
Defending against a domestic assault charge takes experience, knowledge, and talent. It is easy for a jury to get caught up in the emotion so this must also be taken into account. If you are facing serious domestic assault charges in Minnesota, understanding the possible defenses is an absolutely necessity. Jack Rice Defense has been defending people here in Minnesota against domestic assault charges since before the turn of the century. Make sure you sit down with an experienced domestic assault defense attorney to understand your rights and what to do about it.
Jack Rice is a nationally experienced criminal defense attorney. He is also a former prosecutor, former CIA Officer and Board Certified Criminal Law Specialist. Less than 3% of all criminal defense attorney in Minnesota hold this speciality designation. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. When you is on the line, Jack Rice Defense.