Do Not Downplay The Serious Nature Of Assault Charges
Any type of assault is very serious, as it involves physically harming someone or the threat of physical harm. In the case of domestic assault, it involves the alleged physical harm or threat of harm to individuals within the household or family. Assault is considered an “enhanceable” offense in Minnesota. That means if you have one prior conviction, a second charge will result in a gross misdemeanor charge, and if you have two prior convictions, a third accusation can result in felony charges.
Domestic assault is family-related and can be tied to divorce and custody cases. Sometimes this means that there are false accusations and exaggerated accusations made against individuals. If you have been charged with assault or domestic assault, having a skilled, focused attorney working can help you fight the charges and protect your future. I am criminal defense attorney Pete Dahlquist, and I have extensive experience representing clients charged with all types of assault crimes.
Domestic Assault Cases Can Be Complex
When you work with an experienced criminal defense attorney, you receive legal and personal guidance so you can have a strong case. In the case of domestic assault, there are many serious issues that may be at play. For instance, children may be involved. Because domestic cases tend to result in orders for protection, the parent named in the order will have to stay away from their children.
This is when accusations of domestic violence result in even more confusion because there may also be an order for protection. The right for the alleged victim to acquire an order for protection is outlined in the Minnesota Domestic Abuse Act. It says that a person may petition for an order for protection for themselves and any minor children. If the alleged threat of danger or violence is immediate, the court grants a temporary order. It is at the evidentiary hearing that you and I have the opportunity to prove that no abuse occurred. This is important because the violation of an order for protection, even if by mistake, can result in criminal charges, jail time and fines. Repeated violations can be charged as a felony with even higher fines and longer jail sentences.
I Am Experienced In All Types Of Assault Allegations
Domestic assault is just one type of assault that can occur. There are also types that do not involve family members, and they fall into five classifications ranging from first-degree assault to fifth-degree assault.
The degree that is charged depends on a number of factors such as:
- The age of the victim
- Whether a weapon was used in the alleged offense
- Whether substantial or great bodily harm occurred
- Whether the assault was due to discrimination
- Whether the victim was a member of the police or in another position of authority
Regardless of what you have been accused of or why, I have the experience to help you fight the charges.
You Do Not Want To Wait To Fight The Charges
Domestic assault is something that law enforcement in Minnesota aggressively pursues. Any assault charge is very serious and can result in a mark on your criminal record that can interfere with your ability to find a job, find a place to live, go to school and achieve other things. To learn more about your rights and options, call Dahlquist Law, LLC, in Minneapolis at 612-887-4020, or complete a short online form for a free consultation.