Domestic Assault / Domestic Violence


Minneapolis Domestic Assault Lawyer

 

Minneapolis domestic assault defense lawyer Christopher Keyser is an aggressive and respected trial lawyer with a record of winning domestic assault cases in throughout Minnesota. Mr. Keyser’s strategy for beating domestic assault charges is simple: he reviews the evidence against you, creates a domestic assault defense strategy, and then executes the strategy. In every Minnesota domestic assault case, Mr. Keyser works to get charges dismissed and keep your criminal record clear. When a dismissal is not possible, he pushes the domestic assault case to trial.

 

The key to successfully defending Minneapolis domestic assault charges is a combination of knowing how the court system works, having solid relationships with prosecutors, and a willingness to bring the case to jury trial. Minneapolis domestic assault lawyer Christopher Keyser was named a Super Lawyer Rising Star, a Top 100 Trial Lawyer, and has a Superb rating on Avvo.com.

 

Minnesota Domestic Assault Victories

 

  •  Hennepin County Assault: Not Guilty on All Counts (2014)
  •  Hennepin County Domestic Assault: Not Guilty on All Counts (2014)
  • Washington County Domestic Assault: Case Dismissed (2014)
  • Washington County Domestic Assault: Charges Suspended and Dismissed (2014)
  • Washington County Felony Assault: Charges Suspended and Dismissed (2014)
  • Anoka County Domestic Assault: Case Dismissed (2014)
  • Ramsey County Domestic Assault: Case Dismissed (2014)
  • Hennepin County Assault: Not Guilty on All Counts (2013)
  • Anoka County Domestic Assault: Case Dismissed (2013)
  • Washington County Domestic Assault: Case Dismissed (2013)
    And many more…

 

Minneapolis Domestic Assault Client Testimonials

 

A happy client is the best form of advertisement. We have helped countless people beat domestic assault charges throughout the Minneapolis, St. Paul area. But don’t just take our word. To read client testimonials of Domestic Assault Lawyer Christopher Keyser, visit his Avvo review page.

 

Minnesota Domestic Assault

 

Minnesota defines assault as either “an act intended to cause fear of immediate bodily harm or death” or “an attempt or actual infliction of bodily harm upon another.” You can read the Minnesota domestic assault statute here (Minn. Stat. §609.2242). Domestic assault is an assault upon a family or household member (Minn. Stat. §518B.01).

 

This can include any of the following relationships:

  • Spouses and former spouses
  • Parents and children
  • Persons related by blood
  • Persons who are presently residing together or who have resided together in the past
  • Persons who have a child in common regardless of whether they have been married or have lived together at any time
  • A man and woman if the woman is pregnant and the man is alleged to be the father
  • Persons involved in a significant romantic or sexual relationship.

 

Differences Between Domestic Assault Charges

 

Domestic assaults are known as “enhanceable” offenses in Minnesota. This means if a person is convicted of domestic assault, any future charges and convictions for assault or “qualified domestic violence-related offenses” will be treated harsher (usually meaning longer jail sentences and/or longer probation periods).

 

Minnesota Misdemeanor Domestic Assault: This is a typical first-time offense or if a defendant has no “qualified domestic violence-related” convictions in the past 10 years. A person with a clean criminal record charged with domestic assault will typically face a misdemeanor domestic assault charge. The maximum punishment, if convicted, is 90 days in jail and/or a $1,000.00 fine.

 

Minnesota Gross Misdemeanor Domestic Assault: A person charged with gross misdemeanor domestic assault typically has one prior “qualified domestic violence-related” conviction in the past 10 years. The maximum punishment, if convicted, is 365 days in jail and/or a $3,000.00 fine.

 

Minnesota Felony Domestic Assault: A person charged with felony domestic assault generally has two or more “qualified domestic violence-related” convictions in the past 10 years. The maximum punishment is 5 years in prison and/or a $10,000.00.

 

What Are Qualified Domestic Violence-Related Offenses in Minnesota?

 

What is considered a “qualified domestic violence-related offense” under Minn. Stat. §609.02, Subd. 16?
These are violations, or attempted violations, of any of the following:

  • Violation of a domestic abuse order for protection
  • Violation of a domestic abuse no contact order (DANCO)
  • Murder in the First and Second Degree
  • Assault in the First, Second, Third, Fourth and Fifth Degree
  • Domestic Assault
  • Domestic Assault by Strangulation
  • Criminal Sexual Conduct in the First, Second, Third or Fourth Degree
  • Malicious Punishment of a Child
  • Terroristic Threats
  • Violation of a Harassment Restraining Order
  • Stalking
  • Interference with an Emergency Call

 

A person with any of these convictions who commits a domestic assault will face “enhanced” charges and more severe penalties, typically longer jail sentences or longer probation periods.

 

Domestic Assault and Firearm Consequences

 

When a person is convicted of Assault or Domestic Assault, the right to carry or possess firearms may be at risk. Factors that may cause a person to lose firearms rights include:

 

  • Whether the assault was committed against a family or household member
  • Whether a firearm was used in any way during the assault
  • If a firearm was used during the assault, the firearm shall be forfeited under Minn. Stat. 609.5316.

 

In addition to forfeiture, if the court determines that a firearm was used in the assault, the person can be prohibited from carrying a firearm anywhere between three (3) years to life. Violation of this order is a Gross Misdemeanor offense.

 

Common Defenses to Domestic Violence

 

Common defenses to domestic assault charges include self-defense, defense of another person, defense of property, and false allegations. It is a common scenario to have only a defendant and an alleged victim as witnesses to the assault. These cases are often referred to as “he said, she said” cases. Factors to consider in these domestic assault cases include the credibility of the witnesses and the criminal history of the defendant. Because a Minnesota domestic assault case presents different facts and circumstances, it is wise to seek the opinion of a Minneapolis Domestic Violence Lawyer on possible defenses and the likelihood of success at trial.

 

Contact our Minneapolis Domestic Assault Defense Attorney Chris Keyser at 612-338-5007 for a free consultation. We are the first step in putting your domestic assault charges behind you!

 

If You Need a Top Minnesota Criminal Lawyer Call 312-338-5007

MINNEAPOLIS & ST. PAUL CRIMINAL DEFENSE & DWI LAW FIRM SERVING

 

With offices in Minneapolis and Stillwater, Minnesota, Keyser Law, P.A. handles cases throughout the Minneapolis-St. Paul metropolitan area including:

 

HENNEPIN COUNTY

 

Bloomington, Brooklyn Center, Brooklyn Park, Champlin, Chanhassen, Corcoran, Crystal, Dayton, Deephaven, Eden Prairie, Edina, Excelsior, Golden Valley, Greenfield, Greenwood, Hanover, Hopkins, Independence, Long Lake, Loretto, Maple Grove, Maple Plain, Medicine Lake, Medina, Minneapolis, Minnetonka, Minnetrista, Mound, New Hope, Orono, Osseo, Plymouth, Richfield, Robbinsdale, Rockford, Rogers, Shorewood, Spring Park, St. Anthony Village, St. Bonifacius, St. Louis Park, Wayzata, Woodland and Hassan Township.

WASHINGTON COUNTY

 

Afton, Bayport, Birchwood Village, Cottage Grove, Dellwood, Forest Lake, Grant, Hugo, Lake Elmo, Lake St. Croix Beach, Lakeland Shores, Lakeland, Landfall, Mahtomedi, Marine on St. Croix, Newport, Oak Park Heights, Oakdale, Pine Springs, Scandia, St. Marys Point, St. Paul Park, Stillwater, Willernie, White Bear Lake, Woodbury, Baytown, Denmark, Grey Cloud Island, May, West Lakeland, Garen and Point Douglas.

RAMSEY COUNTY

Arden Hills, Blaine, Falcon Heights, Gem Lake, Lauderdale, Little Canada, Maplewood, Mounds View, New Brighton, North Oaks, North St. Paul, Roseville, Shoreview, St. Anthony, St. Paul, Spring Lake Park, Vadnais Heights, White Bear Lake and White Bear Lake Township.

ANOKA COUNTY

Andover, Anoka, Bethel, Blaine, Centerville, Circle Pines, Columbia Heights, Columbus, Coon Rapids, East Bethel, Fridley, Ham Lake, Hilltop, Lexington, Lino Lakes, Nowthen, Oak Grove, Ramsey and St. Francis.

DAKOTA COUNTY

Apple Valley, Burnsville, Coates, Eagan, Farmington, Hampton, Hastings, Inver Grove Heights, Lakeville, Lilydale, Mendota, Mendota Heights, Miesville, New Trier, Northfield, Randolph, Rosemount, South St. Paul, Sunfish Lake, Vermillion and West St. Paul.

MINNEAPOLIS