What Kinds of Priors Could Enhance my Domestic Assault Charge in Minnesota?

Domestic assault charged are enhanceable in Minnesota. This means that there are a whole slew of prior convictions that a prosecutor could use to turn a simple misdemeanor domestic assault into something far more serious. Now, it is important to remember that these priors don’t need to have occurred in Minnesota. In addition, these priors also don’t need to have been committed on the person who is claiming they are a victim now. In fact, it frequently happens that they have nothing to do with this person at all. Even worse, they may not even be domestically related in the first place. The only requirements are that they are on a list and that they were convictions somewhere in the United States in the last ten years. If you are facing either a misdemeanor domestic assault charge that could be enhanced in the future or an enhanced domestic assault charge now, sit down with an experienced Minnesota domestic assault attorney immediately.

“The problem with the phrase Qualified domestic violence-related offenses is the in Minnesota, many of these so-called priors aren’t even necessarily domestically related.”

Is there a List of Qualified Domestic Violence-related Offenses in Minnesota?

Minnesota has a list that lays out all of the possible convictions that can be used to enhance a current domestic charge into something more serious. Keep in mind that this list has changed or morphed over time to include charges that were never domestic in nature. The logic seems to be that they are somehow still violent or potentially violent offenses and this is close enough for Minnesota.

Qualified domestic violence-related offenses or priors may include:

• Violation of a domestic order for protection;

• Violation of a deistic abuse no contact order;

• Violation of a harassment restraining order;

• Harassment or stalking;

• Domestic assault conviction;

• Domestic assault by strangulation;

• Nonconsensual dissemination of private sexual images (so-called revenge porn);

• Interference with a 911 call;

• First degree assault;

• Second degree assault;

• Third degree assault;

• Fourth degree assault;

• Fifth Degree assault;

• First degree criminal sexual conduct;

• Second degree criminal sexual conduct;

• Third degree criminal sexual conduct;

• Fourth degree criminal sexual conduct;

• Fifth degree criminal sexual conduct;

• First degree murder;

• Second degree murder.

“If this is a first offense, you might face enhancement. If this isn’t, you likely already are. Talk to an experienced domestic assault attorney now.”

If you are facing a misdemeanor domestic assault charge that could be enhanced in the future or an enhanced domestic assault charge, you may be setting yourself up for something far worse in the future or you might be facing something far worse because of what you agreed to in the past. Either way, having a Board Certified Criminal Law Specialist and experienced criminal defense attorney by your side may be one of the most important decisions that you make right now.

Jack Rice is the Founder of Jack Rice Defense, a boutique criminal defense firm based in St. Paul, MN. Jack is a former CIA Officer, a former prosecutor and a nationally known and respected domestic assault defense attorney. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.