Physical Discipline of a Child – Authorized Use of Force
Minnesota authorizes use of force against another person, without their consent, under limited circumstances outlined in Minn. Stat. 609.06. The most common example is self-defense. But, a common scenario that often gets overlooked is that a “parent, guardian, teacher, or other lawful custodian” may use reasonable force to “restrain or correct” a child or student.
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
Domestic Assault – Defining “Significant Romantic or Sexual Relationship”
A domestic assault is an assault – either physical or through fear – against a family or household member. Family or household members include many of who you’d expect – parents, children, blood relatives, spouses, and ex-spouses. It also extends to individuals who live together or have lived together, have a child in common, and
Domestic Assault Mandatory Sentences
One of the most frustrating parts of our jobs is when we represent clients facing supposed ‘mandatory minimums’ when charged with certain crimes. It is common knowledge in drug offenses. Not so common knowledge is that there are domestic assault mandatory sentences as well for repeat offenders. As always, even though they are ‘mandatory minimum’
SCOTUS Ruling – Gun Rights Are Lost Following Domestic Assault Convictions
The Supreme Court of the United States recently ruled in Voisine v. United States that a reckless domestic assault is considered a misdemeanor crime of domestic violence. This is significant because the 1996 Lautenberg Amendment bans firearm possession for anyone convicted of a misdemeanor crime of domestic violence. The case itself is concerned with the
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
Interfering With 911 Emergency Calls
It is a gross misdemeanor offense for a person to be interfering with 911 emergency calls. Prosecutors treat this offense very seriously, as it is often the byproduct of an in-progress domestic assault. And, like domestic assaults, the consequences for anyone facing a 911 emergency calls charge are significant – both criminally speaking with possible significant
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
Bail Amounts in Minnesota
When a person is in custody, he or she can be released on their own recognizance, on conditions (called conditional release) that may include a condition of reduced bail, or on maximum bail. So, the question we often get is – what is the maximum bail? The answer – it depends on the severity level