A domestic assault charge is always serious, even when it is a misdemeanor. In addition to the court process and possible consequences, an arrest or conviction related to domestic violence can impact your employment, housing, family, and firearms. In addition, a domestic assault conviction is enhanceable, which means that a subsequent incident can have more serious consequences.
Domestic cases typically involve persons in a relationship. As such, they are often complex, and usually the incident itself has a history which goes back long before the police were called. False accusations of domestic violence can be leveled for any number of reasons, including anger, resentment, or to gain an advantage in an anticipated divorce or child custody proceeding.
There has been much attention in recent years to the often volatile nature of domestic incidents. In the interests of diffusing tense situations and protecting victims, police are often quick to arrest and charge one of the parties.
At F. Clayton Tyler, P.A., we know that there are at least two sides to every story. We will listen to your side and ensure that it gets presented to the proper authorities at the appropriate time.
Because the consequences of a domestic assault case are severe and wide-ranging, at F. Clayton Tyler, P.A., we recommend that everyone facing such charges be represented by an experienced attorney. For additional information, read What Every Minnesotan Should Know About Domestic Assault, or contact us today.
What is Domestic Assault?
An assault can be:
- Intentionally inflicting bodily harm;
- Attempting to inflict bodily harm; or
- Committing an act with intent to cause fear of immediate bodily harm or death
An assault is domestic when it is committed against a family or household member. This means domestic assault is assault against:
- Your spouse or former spouse;
- Your parent;
- Your child;
- Your blood relative;
- A person with whom you have a significant romantic or sexual relationship;
- A person you live with or used to live with;
- A person with whom you share a child in common;
- The alleged father of your unborn child; or
- A woman pregnant with a child alleged to be yours.
Penalties for Domestic Assault
A domestic assault can be a misdemeanor, gross misdemeanor, or felony, depending on the conduct alleged, the amount of harm, and the person’s criminal history.
Regardless of the severity of the criminal charge, a conviction related to domestic violence can have severe consequences for other areas of your life. In addition to jail time and fines, you can lose your job and your ability to work in some occupations – especially those that involve mandatory government background checks. You will likely lose your right to possess firearms, and any firearm used in any way in the commission of the offense may be forfeited. If you are not a United States citizen, you could be deported, be unable to return to the U.S. following travel abroad, or lose your ability to become a citizen.
Even a misdemeanor accusation of domestic assault or domestic violence is a very serious charge. If you find yourself facing such a charge, you need experienced representation. At F. Clayton Tyler, P.A., our domestic assault lawyers will give you the Straight Talk and Honest Answers you need and the diligent, aggressive defense you deserve.
Gross Misdemeanor Domestic Assault
Domestic assault is a gross misdemeanor when it is committed within 10 years of a previous qualified domestic violence-related offense. A gross misdemeanor carries up to one year in jail and a fine of up to $3,000.
Felony Domestic Assault
Domestic assault is a felony when it is committed within 10 years of the first of two or more previous qualified domestic violence-related offenses. Felony domestic assault carries up to five years in prison and a fine of up to $10,000.
Domestic Assault by Strangulation
Assault on a family or household member by strangulation is a felony. Strangulation is “intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth.” Domestic assault by strangulation carries a penalty of up to three years in prison and a fine of up to $5,000
Representation for Your Domestic Case
If you are charged with domestic assault, you need an attorney. Our lawyers will give you an aggressive defense, but also pledge to provide you Straight Talk and Honest Answers. We can be blunt, but we pledge not to blow smoke or to make empty promises.
Our domestic violence attorneys regularly appear in courts around the Twin Cities, including Minneapolis, Edina, Minnetonka, and Brooklyn Center (Hennepin County); St. Paul and Maplewood (Ramsey County); Anoka (Anoka County); Stillwater (Washington County); Shakopee (Scott County); Chaska (Carver County); Hastings, West St. Paul, and Apple Valley (Dakota County).
If you are facing a criminal charge, you need professional, personal representation. Our team of attorneys will offer you Straight Talk and Honest Answers about your case.
This website is designed for general information only. Nothing on this website should be construed as formal legal advice nor the formation of a lawyer-client relationship.
Law Offices of F. Clayton Tyler | TriTech Office Center | 331 Second Avenue South, Suite 230 | Minneapolis, MN 55401
612.333.7309 | 1.888.333.7309