Self Defense – Applies to Any Offense Against a Defendant
Self-defense is one of the common affirmative defenses raised in the criminal justice system. As previously discussed in this blog, it permits a defendant to use force in order to prevent harm against them. That is typically how it is thought of – you can use reasonable force when force is used upon you. But,
Victim Cooperation is Critical to Proving Domestic Assault
One of the most critical considerations of a domestic assault or general assault case is victim cooperation. Will the victim cooperate (i.e. testify trial) or is the victim expected to no-show. While being subpoenaed by a court requires the victim to appear and testify, it is not uncommon for the victim to still not appear
Second Degree Assault With A Dangerous Weapon Defined
A second degree assault in Minnesota requires the presence of a dangerous weapon. You would think that what counts as a second degree assault with a dangerous weapon would be self-explanatory. But, you may be surprised to learn that Minnesota courts have created a very broad and loose definition of dangerous weapons to capture things
What Qualifies as a Prior Offense to Enhance a Domestic Assault?
The severity of your domestic assault charge will depend on the number of prior “qualified domestic violence-related offenses.” One would think that this list of prior domestic-related offenses would be limited to purely domestic-related offenses, such as a prior domestic assault conviction or an Order for Protection conviction. You are probably going to be surprised
Domestic Assault – Intent to Cause Fear Defined
There are two ways a person can be charged with domestic assault – actually causing bodily harm (i.e. punching someone) or by causing fear of immediate bodily harm. For the latter, the State must prove specific intent to cause fear of immediately bodily harm. As you can probably guess, it’s a rare case where the
Substantial Bodily Harm Defined – Minnesota Assault
The level of harm is often the distinction between whether an assault or obstruction of legal process charge is a felony or not. Central to this analysis is the term: “substantial bodily harm.” If the victim suffers substantial bodily harm, the result is a 3rd degree assault – at a minimum – or a felony
Fourth Degree Assault – Level of Harm
A fourth degree assault is charged when a person allegedly assaults a certain class of individuals – usually a police officer or paramedic, for example. Most assume that this is an automatic felony; and frankly, this is how it is charged out most of the time. But, the presumption is that it is a gross
Self-Defense – Duty to Retreat Exists if Person is on Front Lawn
Self-defense in Minnesota is an affirmative defense against assault-based charges. Much of the analysis is tied to the reasonableness of the actions taken by the defendant and whether the defendant could have avoided the situation. But, if the defendant was in his/her house, there is no duty to retreat under the “Castle Doctrine”. A recent
Self-Defense in Minnesota
An affirmative defense most people are familiar with is self-defense. But, few know what it means and how it’s applied in the law. Self-defense in Minnesota is a complete defense to a charge if raised successfully. Essentially, the defendant claims the force used was necessary to avoid an immediate threat of harm against him or
Domestic Assault by Strangulation
Domestic assault by strangulation is a felony offense that occurs when the defendant assaults a family or household member by strangulation, which is defined as: Intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person. Minn. Stat. Sec. 609.2247.