What Is Relationship Evidence in Minnesota Domestic Assault Cases?
Imagine being charged for one alleged incident, only to learn that the prosecutor intends to present the jury with allegations of conduct from months or years before. In Minnesota domestic assault cases, this can happen through relationship evidence. Because this type of evidence might reveal allegations beyond the specific charge, it can be especially harmful
Minnesota Domestic Assault by Strangulation Law: Charges, Penalties, and Defense Strategies
Domestic assault by strangulation is one of the more serious and often misunderstood charges in Minnesota criminal law. It comes up more frequently than many people expect, yet there remains widespread confusion about what legally qualifies as “strangulation” and how someone can be charged with a felony even in the absence of visible injuries. This
Can I Be Convicted of Domestic Assault Against an Ex-Girlfriend?
In criminal law, the smallest phrases can carry the largest meanings. A recent Minnesota Court of Appeals decision—State v. Latino—illustrates just how impactful a few ambiguous words in a statute can be in determining guilt, eligibility for prosecution, and even constitutional application. At the center of this case: the definition of a “family or household
Criminal Harassment – Further Defined
Typically, when someone feels harassed, they are advised by law enforcement to get a harassment restraining order, which purportedly offers the protection sought from the harassing behavior. But, in more serious circumstances, the behavior may lead to a charge for criminal harassment. Criminal harassment can take many forms and is a statute that leads to
Fighting an Order for Protection
If you’ve just been served with an Order for Protection in Minnesota, your world is potentially flipped upside down. It is critical to understand what this Order is, how it immediately impacts you and your daily life, and what your options are for fighting an Order for Protection. What is an Order for Protection? An
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
Violating an Order for Protection Crime – Minnesota
A civil order preventing someone from having any direct or indirect contact with another party can lead to criminal charges if it is violated. One of the most common no contact orders in Minnesota is an Order for Protection. Under Minnesota’s Domestic Abuse Act (Minn. Ch. 518B.01), an Order for Protection is issued when an
Qualified Domestic Violence Related Offenses – Felony Domestic Assaults
As we previously detailed in this blog, the type of offenses that are considered “qualified domestic violence related offenses” that enhance future domestic assault charges can be surprising. Why a bar fight assault conviction could lead to an immediate starting charge of a gross misdemeanor domestic assault eight years later seems odd. Odd as that
Domestic Assault by Strangulation – Specific Intent Crime
Domestic assault by strangulation can often be the byproduct of substance use and/or abuse. A bad night. Some bad choices. Spurred by the effects of alcohol or drugs, clouding someone’s judgment. When this happens, an appropriate defense would be voluntary intoxication, which argues that the defendant did not have the requisite intent to commit the