In Minnesota, there is very little tolerance for domestic violence. If you’re charged with domestic assault, you are facing severe penalties and could even be excluded from living in your own home while the case is pending!
While it’s an important goal to end real domestic violence in society, sadly, far too often, many people are wrongly or falsely accused. If you’ve been accused of or are facing domestic assault charges, it is vitally important that you retain a criminal defense attorney experienced in defending domestic assault charges.
Neuville Law Office has represented over 300 people (and counting) facing domestic assault accusations. Many of these cases were dismissed or reduced due to successfully preparing and presenting legal defenses currently recognized in Minnesota courts.
What is Domestic Assault?
Minnesota law defines domestic assault as an act by a family or household member with the intent to cause fear in another of immediate bodily harm or death; or intentionally inflicts or attempts to inflict bodily harm upon another family or household member.
Crimes that are labeled as domestic violence are:
⇒ Sexual Assault
What Is NOT Domestic Assault?
Far too many people end up of facing domestic violence charges without a justifiable basis. In many of these cases, it’s because one partner wants to “get back” at the other for any number or reasons, or because one spouse wants to gain leverage during or preceding a divorce. Sometimes, an argument simply gets loud, and a nearby neighbor calls law enforcement.
There are many actions that are generally not considered domestic violence and do not merit charges. The following are not illegal:
⇒ Yelling at your partner
⇒ Minor pushing
⇒ Restraining your partner to prevent him/her from hurting himself/herself or someone else
⇒ Blocking the path of your partner or household member
⇒ Saying hurtful things to your spouse or using foul language at him or her
⇒ Using self-defense to prevent your partner from attacking you
Defending against Domestic Violence Charges in Minnesota
Domestic assault convictions can lead not only to Domestic Abuse No Contact Orders (DANCO) and counseling, but also jail time. If you own or possess handgun, a conviction of domestic assault could impact your firearm rights. Furthermore, a conviction can severely damage your reputation, damaging your standing with your employment, and result in a permanent criminal conviction. This is why it’s crucial to fight these charges — and to do so with the help of an experienced defense attorney.
Neuville Law Office uses tested strategies to develop a defense that’s applicable to your case. Below are a few possible defenses for domestic assault charges recognized in Minnesota criminal court:
⇒ The accuser was lying and filed a false accusation
⇒ You acted in self-defense
⇒ Your actions were lawful and do not fall under Minnesota’s definition of domestic assault
⇒ There is a lack of proof. In all criminal cases in Minnesota, the prosecutor has the burden of proving the allegations beyond a reasonable doubt. If the prosecutor cannot prove guilty beyond a reasonable doubt, charges should be dismissed or reduced.
Neuville Law Office will fight aggressively on your behalf, pushing to have false or exaggerated charges dropped. If you’re facing a domestic assault charge, do not hesitate to contact Neuville Law Office to set up a free consultation.
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