Minnesota Domestic Assault Defense Lawyer

Charged With Domestic Assault in Minnesota

You have been charged with domestic assault in Minnesota, and the situation moves fast. Charges like these are harder than most because they involve family or a significant other, and they become more complicated when minor children are involved, because a conviction can affect whether you keep a relationship with your kids. When you are facing this charge, you need an experienced Minnesota domestic assault lawyer defending your rights and representing your interests from the first court date forward.

At Segal Defense, P.A., Charles Segal works directly on your case to obtain the best possible outcome. His one-on-one approach and close attention to detail produce a strategic defense built on the actual facts, not the accusation.

What Counts as Domestic Assault in Minnesota

Domestic assault is not a separate crime from other assault. It is assault committed against a person you have a domestic relationship with. Under Minnesota law that relationship covers a spouse or former spouse, someone you live with or used to live with, a person you share a child with, a parent, a child, another blood relative, and a current or former romantic or sexual partner. The charge turns on the relationship, so an argument between family members or partners is treated differently than the same incident between strangers.

Two things generally support a Minnesota domestic assault charge: either you intended to cause fear of immediate bodily harm, or you intentionally inflicted or attempted to inflict bodily harm. A prosecutor does not need a visible injury to file the charge. In practice, many of these cases start with a 911 call during an emotional moment and move forward on one person's account, which is exactly why getting the facts documented early matters.

Gross Misdemeanor vs. Felony Domestic Assault

The level of a Minnesota domestic assault charge depends mostly on your record of prior qualified domestic violence offenses and on the conduct alleged. The charge can escalate quickly:

• Misdemeanor domestic assault: A first offense with no qualified priors is usually charged as a misdemeanor, carrying up to 90 days in jail and a fine.
• Gross-misdemeanor domestic assault: A second domestic assault offense within the look-back period is typically charged as a gross misdemeanor, which carries up to 364 days in jail and a higher fine.
• Felony domestic assault: A third qualified offense within the look-back period, or an incident charged as domestic assault by strangulation, can be charged as a felony with prison exposure and a lasting criminal record.

Because prior offenses drive the charging level, how a past case was resolved can decide whether you are looking at a misdemeanor or a felony today. That is one of the first things Charles Segal reviews when taking on a domestic assault case.

The No-Contact Order (DANCO) at Arraignment

When you are charged with domestic assault in Minnesota, a Domestic Abuse No Contact Order (DANCO) is often issued by the criminal court at your first appearance, the arraignment. A DANCO bars you from contacting the alleged victim and, in many cases, from returning to your own home. It happens at the start of the case, before any trial and before you have had a chance to present your side.

A DANCO is different from an Order for Protection, which runs through a separate civil court. Both carry the same risk: violating the order, even a text message or a drive-by, is a new crime on top of the original charge. If a DANCO has upended your living situation or your contact with your children, the right move is to challenge it the correct way, not to ignore it. You can read more about both types of orders on our Protection Orders / No-Contact Orders page.

Aggressive Domestic Assault Defense

A simple accusation of domestic violence can result in a domestic violence charge, especially if there is any evidence that the act may have occurred. This can then result in an order for protection, which prevents you from being able to be near the alleged victim and any minor children.

Defending yourself against an order for protection or Domestic Abuse No Contact Order (DANCO) is a completely different matter and is handled in another court. However, the alleged victim can obtain the order without you being notified, which means you will receive notification after it is in place. You can challenge the order, especially when it is keeping you away from your home and any minor children.

The alleged victim can obtain the order without you being notified, so you often learn of it only after it is already in place. Challenging it the correct way beats ignoring it.

It's very important to challenge the order instead of violating it because a violation can result in a criminal charge. If convicted, the penalty is a $1,000 fine and 90 days in jail. Multiple violations can lead to a felony conviction, which has much stricter penalties. An order for protection violation charge is separate from the initial domestic violence charge.

Charles Segal will give you the guidance you need throughout your domestic violence case and the order for protection case so that you can move on with your life.

Advocating For Your Future

Having an experienced Minnesota domestic assault lawyer in your corner can go a long way in your case. Charles Segal has helped clients throughout the Twin Cities metro and surrounding Minnesota counties fight these charges. He looks at the facts in the case and uses those facts to pursue the best outcome. That outcome could be dismissed charges, acquittal, or a reduction of the charges. Just because you've been charged doesn't mean you have to accept the maximum penalties. You have rights that need to be protected and you also have the right to fight.

Contact A Minnesota Domestic Assault Lawyer

A domestic assault charge is a serious thing to be accused of, and the DANCO and charging decisions move quickly. If you've been charged, speak to a defense attorney as soon as possible so work can begin on your case right away. When you have a strong defense strategy, you can fight for a fair result. To learn more about how Segal Defense, P.A. can help you, call 612-299-1110 to request a free consultation.