Legal Question in Criminal Law in Minnesota

As you probably know, that is a serious felony charge. It sounds like you have some defenses. These cases are not simple enough to be solved on an internet BB. You should consult a good defense attorney as soon as possible. Here is a link to my webpage on these kinds of cases: http://www.liberty-lawyer.com/domesticcrimecharges/domesticstatutesmn.html

A domestic assault by strangulation is a very serios offense. It is felony and punishable by up to three years in prison or to payment of a fine of not more than $5,000, or both.

In addition to the possibility of prison time, a felony assault conviction also has broad ranging collateral consequences. As a result, it is extemely important to protect your public and criminal record.

First, if convicted, employers who require a background check will not hire you. That is particularly true if you work closely with customers or in some other service oriented profession.

Second, many landlords now perform background checks for applicants and, if you decide to rent, you may be denied an apartment with a crime of violence such as an assault on your record.

Third, a conviction for assault may result in licensing problems for certain occupations or interfere with acceptance into some schools of higher learning.

Finally, it is also compelling that a non-citizen may suffer deportation and, even a citizen would lose their right to possess a weapon ,even for hunting purposes, after a conviction.

Unfortunately, a victim cannot make ecisions whether to charge or not to charge a case. Prosecutors make that decision and proceed regardless of the victim's wishes. Of course a reluctance to testify by the victim or a recantation as to what occurred may significantly weaken the prosecutor's case.

Often, the best defense is a good offense. If you were charged under Minnesota STatutes 609.2247, one defense may be that the victim was not a family or household member within the meaning of Minnesota Statutes 518B.01Subd. 2. That challenge may be made before any trial at a Omnibuus hearing. Under the statute, a "Family or household members" means:

(1) spouses and former spouses;

(2) parents and children;

(3) persons related by blood;

(4) persons who are presently residing together or who have resided together in the past;

(5) persons who have a child in common regardless of whether they have been married or have lived together at any time;

(6) a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time; and

(7) persons involved in a significant romantic or sexual relationship.

In most instances, an argument for self defense or defense of others may be made and Motions should be served to acquire all statements and medical records from the prosecution. In a mater where there is use of dangerous weapon alleged, it must be shown that the person charged used commensurate force to whatever threat was presented and, in may instances, there is also a duty to retreat before responding with force. Often, with skilled legal representation jail time and convictions can be avoided.

For a FREE consultation call 612.240.8005