Assault is generally defined as committing an act with the intent of causing fear in another – of immediate bodily harm or death – and/or intentionally inflicting or attempting to inflict such harm. Domestic Assault is defined similarly; however, it is charged when the person to whom the fear or harm is caused is a family member or close acquaintance.
What is at Stake?
Assault-Domestic Assault can be charged – depending one your criminal history and/or other factors surrounding the incident – as a Misdemeanor, Gross Misdemeanor or Felony. As such, if convicted you could be facing a prison sentence and a substantial fine. In addition, you may also be ordered to pay restitution to the victim, seek counseling and/or anger management education and you could have your right to own fire arms taken away.
I represent people charged with Assault-Domestic Assault crimes, in the Twin Cities and throughout Minnesota. If you are currently under investigation or have already been charged with an Assault you deserve the counsel of an experienced Minnesota Criminal Defense Lawyer – someone who will aggressively defend you against the government and work to protect your rights.
Protect Your Rights by hiring a Twin Cities Criminal Defense Assault Lawyer
Living with an Assault conviction can be extremely difficult. The good news is – just because you have been charged with Assault or Domestic Assault does not mean that you will be automatically be found guilty or convicted. In my experience as a prosecutor, I have been privy to many instances where a Domestic Assault accusation would be considered invalid or not credible. Often these occurred under such circumstances - as when a report was made to get revenge on a(n ex-)spouse, to get more in a divorce settlement or to ensure custody of a couple’s children. Often those charges are compromised – because they call into question the accuser’s credibility. There are many instances too where the accused had a valid excuse – like Self-Defense.
Domestic Assault Order For Protection
In most instances, a Domestic Assault accusation will also come with an Order for Protection filed against you. An Order for Protection is filed by the alleged victim and acts as a restraining order – meaning to provide security that another incident like the one alleged to have happened won’t happen again. To many an Order for Protection can feel like a criminal sentence – even before the courts have even decided the verdict. This is because an Order for Protection can be filed before the Domestic Assault case has even gone to court and/or been charged. These orders can prohibit individuals from entering their home or seeing their children. Also, violating these often ill-gotten orders can result in even more devastating consequences – including additional criminal charges on top of the Domestic Assault accusations.
“Enhanceable Offense” – Explained
One of the other complications of an Assault or Domestic Assault conviction is that it is considered an “enhanceable offense.” What this means is that any future criminal charges of a same or similar nature may be made more severe due to the prior conviction on your record. Even something that may be considered minor can be made more severe due to the prior finding.
If you have been arrested or accused of Assault or Domestic Assault, the first call you should make is to an experienced Minnesota Criminal Defense Attorney. He or she can assess your situation, determine your defense strategies and ensure that your legal rights will be protected – before, during and after the court process. Convictions for Assault can carry with them consequences above and beyond those that the judge will impose – such as devastating impacts on your job, where you can live and even your constitutional right to own a firearm.
Free Criminal Case Consultation
I represent individuals accused of Assault and Domestic Assault. If you’ve been charged with a crime, in the Twin Cities or anywhere in Minnesota, call me today to schedule your free, no-obligation, consultation at 612.234.1165 or fill out the form below. Then, we’ll take the time to discuss your case and determine how I can help to defend your rights and fight for you in court – all at a cost that won’t break the bank.