St. Paul Domestic Violence Defense Attorney
We’re Here to Provide the Criminal Defense You Need
Of the many types of criminal charges, domestic violence is one of the most emotionally charged, personally affecting, and long-lasting in terms of penalties and impact on quality of life. If you’ve been charged with domestic violence, you may feel like you don’t know who to turn to for help as the situation grows more complicated and frightening.
The most important thing to remember is that while this charge may be new to you, it is not a new issue. The average domestic violence attorney deals with situations like this daily, and they have made it their living and their mission to help those who have been caught up in an unfortunate set of legal circumstances and need help dealing with the fallout of the domestic assault committed.
In short, you are not alone. Adams Law Firm, PLLC, has been helping clients in the Twin Cities area with their domestic violence charges for many years. We pride ourselves on providing clear and understandable answers to the complex questions and concerns that our clients have about their charges and the potential penalties that accompany them.
Your instinct might be panic, but the real solution is to learn as much as you can about your charges and to find an ideal legal team as soon as you can to represent you with skill and passion. Knowing the details about types of domestic violence charges, potential penalties for those charges, and good potential defenses against those charges are all actions you can take right now that will prepare you for the best possible outcome. After you’ve had a chance to read more about domestic violence charges here, don’t hesitate to reach out to our experienced and knowledgeable team.
What Types of Domestic Assault Charges Are There?
Domestic assault can come in conjunction with many types of charges, and each one has its own specific concerns and penalties. The most common charges that tend to accompany domestic assault are:
- Assault and battery– this charge is one of the more well-known charges related to domestic assault. This is when the accused party intentionally puts someone in fear of imminent harm or actually harms them.
- Stalking– often in domestic relationships, trust issues grow into obsession and then unwanted attention that doesn’t stop. This is aimed at a specific person, and it causes them fear.
- Kidnapping– this charge involves the seizing of someone by force and the transporting of them to a different place, which frequently begins or ends in the home and involves the presence of loved ones.
- Child abuse– harm visited on a child, even if it is done as a way of intimidating a third party, is often an element of domestic assault.
- Sexual assault– domestic assault often involves various sexual acts, from intercourse to various forms of unwanted touching, that are non-consensual in nature.
- Arson– believe it or not, one frequent aspect of domestic assault cases involves setting fire to someone’s property out of anger or in seeking revenge.
What Are the Penalties for a Domestic Assault Conviction?
While there are many types of domestic assault charges, they all tend to fall into one of four primary penalty categories. Having a clear understanding of the domestic abuse charge you’re facing will give you an idea of the maximum punishment the legal system has in store, including any fines and potential jail time the court determines. Knowing this will help you better prepare your defense and temper your expectations.
Misdemeanor Domestic Assault
The first level of punishment for domestic assault is a misdemeanor offense. This is when a family member or household member is the target of the assault. In this case, the assault is an intentional inflicting or attempt to inflict bodily harm on the family member or household member or an act that is designed to create the fear of bodily harm or death.
A misdemeanor charge carries a jail term of up to 90 days, with a potential fine of up to $1,000. However, if strangulation is involved in the incident, this charge escalates to a more serious charge, which will be discussed below.
Gross Misdemeanor Domestic Assault
If the domestic assault charges mentioned above are committed within ten years of a previous domestic assault conviction, they rise from a misdemeanor to a gross misdemeanor. A gross misdemeanor is technically still a misdemeanor, but it is a more extreme version. The charge carries more serious penalties than a standard misdemeanor in this case. The jail term can range from a maximum punishment of approximately 90 days to a year, and the fine can be three times that of a misdemeanor. Again, if strangulation is involved, the charge escalates to the next level.
Domestic Assault by Strangulation
If any of the above domestic assault charges include strangulation of the alleged victim, then the domestic violence charges automatically rise to this level. In this case, the jail time rises from one year to three years, and the fines can be as much as $5,000.
Felony Domestic Assault
Any of the charges listed above can become a felony charge if the charges come within ten years of two or more previous domestic violence charges that led to a conviction. In that case, the charge automatically becomes a felony charge. These domestic assault cases come with more extreme penalties. The potential jail time rises to a period of up to but not exceeding five years, while the fines can be as high as $10,000.
While all of these domestic violence charges are serious, it is clear that each more extreme potential domestic violence conviction creates a more serious and disruptive set of penalties. That’s why if you’re facing domestic violence charges, working with domestic violence lawyers for legal representation is your best option.
What is a Good Defense for Domestic Assault Charges?
This is one of the first and key decisions you should make about your case, and because it is a vital part of your future well-being and freedom, the decision should be made with the help of an experienced criminal defense lawyer. In situations involving a domestic assault case, an experienced domestic violence attorney will tell you that a criminal defense to these charges will usually involve a few potential choices. Which one you choose will depend mainly on the specific details of your domestic assault case. Below are a few worth considering, depending on your circumstances.
Self-Defense as a Domestic Assault Defense
It may be the case that the incident that brought about your domestic assault charge came from the need to defend yourself from the alleged victim or another party. If that is the case, a domestic violence attorney can help you build that case.
However, it is important to note that certain factors must be met to be considered self-defense. First, you must genuinely fear imminent harm to yourself or someone else to claim this. Secondly, your responding actions must be proportionate to the threat at hand. For instance, if someone shoved you with their hands, you cannot stab them with a knife and consider that as defending yourself. Speaking to a criminal defense lawyer is advised to ensure that this defense will work for your case.
Consent as a Domestic Assault Defense
There are times when certain acts that can be deemed as domestic assault could potentially be sexual in nature and, therefore, legal acts when the involved parties have consented. Acts involving handcuffs, being tied up, and other activities that can appear violent in nature could potentially be misconstrued without proper context. A domestic violence attorney can provide more details and a clearer picture of whether this defense could work for you.
Questioning Credibility as a Domestic Assault Defense
The unfortunate reality is that a law meant to protect people from domestic violence can sometimes be weaponized and used against someone who actually did nothing wrong. In cases when someone is falsely accused, the goal of the defense then becomes providing evidence that the accuser’s credibility is unreliable.
Reasons as far-ranging as revenge, gaining advantage, or even distracting from other wrongdoing can be motivation for someone to lie and claim domestic assault where none exists. If this is the case for you, then it’s important to work with a domestic violence attorney to show that the accuser’s credibility is in question and the domestic assault claim is unfounded and without merit.
Should I Hire a St. Paul Domestic Assault Lawyer?
The simple truth is, if you are facing a domestic assault charge, it’s wise to speak with criminal defense lawyers who have experience with domestic violence cases. Experienced lawyers can look at the details of your domestic assault case to help you understand how Minnesota law looks at domestic abuse, including elements such as any prior convictions or if these are potential false allegations or false accusations.
A competent domestic abuse attorney can help you build a solid criminal defense case, potentially seeking to have charges dismissed due to reasonable doubt or building a solid self-defense claim. Ultimately, no matter what path you take to defend against these criminal charges, you deserve the highest quality criminal defense lawyer to stand by your side and give you the representation you deserve.
Adams Law Firm, PLLC, can be your legal partner in St. Paul, MN. Don’t fight this domestic violence charge on your own. Let us be your advocate. Call us at 651-240-9282 to get started with your effective domestic violence defense today.