What if I’m Charged with Domestic Assault by Strangulation in Minnesota?
While there are many criminal charges that carry a lot of stigma in Minnesota, domestic assault can rise very near the top. It has the tendency of making somebody convicted of it look dangerous and unstable. Even the charge can do that. Consider adding the word “strangulation” to it and them slap felony on as well. The felony charge applies to even first time offenders with no criminal record at all. This is what it means to face a Minnesota Domestic Assault by Strangulation charge. If you are facing this kinds of charge, contact an experienced Domestic Assault by Strangulation Criminal Defense Lawyer.
Domestic Assault by Strangulation in Minnesota is a felony offense that applies when a Defendant is charged with the far more serious version of domestic assault known as Assault by Strangulation on a family or household member. Simply put, there must be
Domestic Assault;
Of a Family or Household Member;
The kind of assault must be by strangulation.
What is the definition of Strangulation in Minnesota?
Strangulation is very specifically defined in Minnesota and goes beyond what most people might describe as strangulation. According to the statute, strangulation is defined as:
Intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person.
Because “strangulation is so broadly defined, there are many ways it could apply including:
If somebody only slightly obstructs another’s breathing;
If somebody places enough pressure on the throat of another to cause dizziness;
If somebody places their hand over somebody’s mouth to stop them from yelling resulting in obstruction of breathing;
If hands, an object, a knee, etc. are placed on the throat and it has any impact at all on breathing or blood circulation;
If hands, an object, a knee, etc. are placed over the nose or mouth and it has any impact at all on breathing or blood circulation.
Because of this broad interpretation, the potential for charging up a normal domestic assault to a felony strangulation charge is very real. It is also important to note that a normal first time domestic assault charge which could be a misdemeanor would be heightened to a felony simply because of the kind of force used.
What is the Definition of Assault in Minnesota?
Assault can be described as either intentional infliction of harm, i.e. hitting somebody, or fear of something called imminent harm, i.e. you make them think you are going to hit them. In order words, fear of imminent harm means that you never actually touch the person but they have a reasonable fear that you are about to do so. In the context of strangulation, this requires an intentional infliction of harm by purposely impeding normal breathing or circulation by applying pressure to the nose out or neck. Of course, the level of harm can also impact the kinds of charges, i.e. 3rd degree assault, 2nd degree assault. Also, if statements or threats are made, these could also add additional charges, i.e. Felony Terroristic Threats or Threats of Violence. It is crucial to sit down with an experienced Domestic Assault Criminal Defense Lawyer to understand your exposure and what this cold mean to your life and future.
What is the Definition of Family or Household Member in Minnesota?
Minnesota has defined Family or Household member very broadly. While it obviously includes any member of the family or somebody you are living with, it also includes somebody with whom you have had a past or ongoing sexual relationship. In other words, this may include past relationships who don’t even live with you.
What are the possible consequences for a Minnesota Domestic Assault by Strangulation conviction?
If convicted of Domestic Assault by Strangulation in Minnesota, a Defendant faces:
A Felony conviction;
Up to 3 years in prison;
Up to a $5,000 fine.
How do you defend against a Felony Domestic Assault by Strangulation charge?
Anyone facing Domestic assault charges including Domestic Assault by Strangulation should aggressively fight them. The cost of a conviction certainly could be the prison and fines. However, what is also at stake is the twin labels of dangerous and unstable. Contemplate what those could do to your life, your job, your reputation.
The State has the burden to prove beyond a reasonable doubt that you committed any crime. They also have the obligation to present all of their evidence to a jury to convince them that you did this. They will need physical evidence, proof, forensics, and more in order to do this. They will also need a consistent statement from the complaining witness that this actually happened. Did the stories shift? Change? All of these factors matter.
If you are facing serious domestic assault allegations in Minnesota including Domestic Assault by Strangulation, contact Jack Rice Defense for a free confidential consultation. Jack is a former prosecutor, a Board Certified Criminal Law Specialist and a St. Paul based criminal defense attorney. Contact Jack Rice Defense or call 651-447-7650 or 612-227-1339