Domestic Assault Lawyer in Minnesota
Eric has represented many clients accused of domestic assault. With every domestic assault case, he takes a holistic approach, analyzing every angle to litigate, as well as exploring options for negotiation. Because these cases tend to involve family members, they can be delicate. That’s why it’s important to find an attorney that can advocate for you, while also taking a thoughtful approach, if needed, for your relationships.
What is Domestic Assault?
In Minnesota, domestic assault involves either (1) intentionally inflicting or attempting to inflict bodily harm upon another, or (2) committing an act with intent to cause fear in another of immediately bodily harm or death. This must be against a family or household member, which can include a former spouse, roommates, anyone related by blood, those who have a child together, or those involved in a significant romantic or sexual relationship.
Charge and Sentence Enhancements
Domestic Assault charges can be enhanced and carry more serious sentences. The presence of a qualified domestic violence-related offense can be used to enhance. This includes a prior assault, criminal sexual conduct, or violation of a no contact order, for example. Allegations of strangulation, or causing substantial or great bodily harm, or using a dangerous weapon can also enhance an assault charge.
Penalties and Consequences
The circumstances of each case determine the criminal consequences. In addition to any criminal penalties, a domestic assault can impact your firearm rights, immigration status, housing situation, professional licenses, voting rights, child custody, and community reputation. You want to be sure the attorney you hire fully understands the criminal and collateral consequences at stake, as well as your personal situation.
| First Degree Assault | Inflicts great bodily harm | Up to 20 years imprisonment and/or a fine of $30,000 |
| Second Degree Assault | Assault with a dangerous weapon and inflicts substantial bodily harm | Up to 10 years imprisonment and/or a fine of $20,000 |
| Second Degree Assault | Assault with a dangerous weapon | Up to 7 years imprisonment and/or a fine of $14,000 |
| Third Degree Assault | Inflicts substantial bodily harm; past pattern of child abuse; or victim under 4 years old and bodily harm to child’s head, eyes, neck, or multiple bruises | Up to 5 years imprisonment and/or a fine of $10,000 |
| Domestic Assault Strangulation | Assault by strangulation | Up to 3 years imprisonment and/or a fine of $5,000 |
| Domestic Assault | Third offense within 10 years | Up to 5 years imprisonment and/or a fine of $10,000 |
| Domestic Assault | Second offense within 10 years | Up to 1 year imprisonment and/or a fine of $3,000 |
| Domestic Assault | First offense | Up to 90 days imprisonment and/or a fine of $1,000 |
What Should I Do if I’m Charged with Domestic Assault?
Do not speak to a police officer about the allegations without first consulting with an experienced criminal defense attorney. You want to avoid the possibility of inadvertently incriminating yourself or having a statement be perceived incorrectly. You should also avoid having contact with the person making the allegations against you. Call Eric – he’s here to help, and try to get your life back to normal.
Why Choose Bain Law?
- Eric Bain specializes in criminal defense, and brings years of knowledge and experience to every case.
- Eric has been recognized as a Rising Star by Super Lawyers, as well as Top 40 Under 40 by The National Trial Lawyers.
- Eric has represented many, many satisfied clients in domestic cases throughout Minnesota.
- Eric is committed to the best outcome for you, no matter if the case requires litigation or negotiation.
- Our office is conveniently located in Minneapolis, and Eric is available by phone, email, text, or Zoom to discuss your circumstances.
- Eric offers free consultations to better understand your unique situation and to craft a game plan.
