Minnesota Domestic Violence Defense Lawyers in St. Paul

Few violent criminal charges have more long-reaching effects than domestic violence charges. They carry weight in three different forums. In addition to criminal penalties, domestic violence convictions often mean burdensome restraining orders and negative effects in current and future family law cases.

St. Paul criminal defense attorneys at Capitol City Law Group pull out all the stops to defend you in court. We understand the gravity of these charges. Our team of domestic violence lawyers in St. Paul uses proven methods to deal with them effectively. Many times, these methods result in a plea to a lesser-included offense or the outright dismissal of charges. Call us today at 651-877-6784 for a free consultation to discuss your situation.

Domestic Violence Charges in Minnesota

Domestic violence in Minnesota includes actions that cause physical harm, create fear of harm, involve threats, sexual assault, extortion, or interfere with emergency calls against family or household members. These acts can happen within any family or household relationship, including current or former spouses, parents, children, blood relatives, roommates, and individuals who share a child.

Domestic assault is defined as an assault meant to cause fear of immediate harm or the actual infliction of bodily harm. The people considered family or household members are important in these cases as they determine the relevance of domestic abuse considerations.

Criminal charges for domestic assault in Minnesota can escalate quickly, especially for repeat offenders. Previous convictions can greatly increase the seriousness of the current domestic assault charge, possibly leading to felony charges if there are two or more prior qualified convictions within the past ten years. Addressing these charges promptly and effectively is essential due to this escalation.

Domestic violence-related offenses go beyond physical assault to include harassment, stalking, and breaking protective orders, each with specific legal outcomes. Domestic assault by strangulation, for example, is charged as a felony in Minnesota, showing the state’s strict stance on such acts.

Penalties for Domestic Violence in Minnesota

The severity of the consequences depends on the specific circumstances of the case, the nature of the offense, and any prior convictions. Penalties can range from misdemeanor to felony charges, each with different levels of punishment.

Jail Time and Fines

In Minnesota, a conviction for domestic violence can lead to significant jail time and heavy fines. Misdemeanor domestic violence charges may result in up to 90 days in jail and fines of up to $1,000. If the charge is elevated to a gross misdemeanor, the penalties increase to a maximum of 365 days in jail and a $3,000 fine. 

Felony domestic violence charges, such as domestic assault by strangulation, can lead to up to three years in prison and fines reaching $5,000. Repeat offenders or those with prior convictions face even harsher penalties, with potential imprisonment of up to five years and fines of up to $10,000. 

Please be aware that legal regulations including potential fine amounts or imprisonment lengths may change over time. For the most current and accurate information, consult with a legal professional to ensure accuracy in your specific situation.

Protective Orders and Additional Consequences

Beyond jail time and fines, a domestic violence conviction in Minnesota often results in the issuance of protective orders. These orders can restrict the defendant’s contact with the alleged victim, affecting family dynamics and living arrangements. 

For example, a defendant may be prohibited from returning to their shared home or contacting their children, significantly altering their daily life. Violating a protective order can lead to additional criminal charges and penalties, further complicating the legal situation.

A domestic violence conviction can also have long-term effects on an individual’s professional life. It may impact job opportunities, as many employers conduct background checks and may hesitate to hire someone with a domestic violence conviction. Individuals may face restrictions on their rights to own firearms, possibly losing these rights for several years or even permanently.

Common Defenses Against Domestic Violence Charges

Facing domestic violence charges can be overwhelming, but at Capitol City Law Group, our domestic assault lawyers use clear and effective strategies to defend you.

• Self-Defense: This strategy involves demonstrating that the defendant acted out of a genuine fear of immediate bodily harm and was not the aggressor. By gathering evidence such as witness statements or video footage, our attorneys can build a case showing that the actions taken were necessary for self-protection. Example: In a recent case, we successfully argued self-defense when our client was attacked by a household member, resulting in the dismissal of domestic assault charges.
• Addressing False Accusations: False allegations often arise from personal vendettas or misunderstandings. Our team excels at collecting evidence to disprove these claims, such as communication records or inconsistencies in the accuser’s story. Example: We had a case where the accuser’s text messages contradicted their allegations, leading to the charges being dropped.
• Challenging Evidence: Our attorneys meticulously review the prosecution’s evidence to identify weaknesses or inconsistencies. By questioning the credibility of witnesses or the reliability of evidence, we can create reasonable doubt. Example: In one instance, we found discrepancies in witness testimonies that led to a favorable plea agreement for our client.
• Procedural Violations: We scrutinize every aspect of the investigation for any breaches of the defendant’s rights, such as illegal searches or improper interrogation techniques. If such issues are found, we push for the charges to be dismissed. Example: In a previous case, evidence obtained through an unlawful search was suppressed, resulting in a full dismissal of charges.
• Lack of Intent or Accidental Circumstances: Demonstrating that the incident was not intentional or was a misunderstanding can significantly weaken the prosecution’s case. Example: We secured a not-guilty verdict for a client by proving the incident was an accident, with no malicious intent involved.

By using these customized defenses, our lawyers at Capitol City Law Group improve your chances of a positive outcome.

Can Domestic Assault Charges Be Dropped in Minnesota?

In Minnesota, domestic assault charges can potentially be dropped, but the process is complex and involves several factors. Once law enforcement is involved and charges are filed, it is ultimately up to the prosecutor to decide whether to pursue or dismiss the case. The alleged victim does not have the authority to drop charges; however, their cooperation and testimony can influence the prosecutor’s decision.

Getting a domestic violence case dismissed in Minnesota involves strategic legal steps and understanding the legal system. Here are some key steps that can potentially lead to the dismissal of domestic violence charges:

1. Hire an Experienced Domestic Violence Lawyer: Engaging a skilled domestic violence attorney is crucial. An experienced lawyer can assess the details of your case, identify weaknesses in the prosecution’s arguments, and develop a robust defense strategy tailored to your situation.
2. Challenge the Evidence: A critical aspect of getting charges dismissed is scrutinizing the evidence. Your attorney can challenge the credibility of the evidence presented, question the reliability of witness testimonies, and highlight any inconsistencies in the prosecution’s case.
3. Prove False Accusations: If the charges stem from false accusations, gathering evidence to demonstrate the lack of truth in the allegations can be pivotal. This might involve collecting communication records, witness statements, or other documentation that supports your innocence.
4. Negotiate with the Prosecutor: In some cases, negotiating with the prosecutor can lead to a reduction or dismissal of charges. Your attorney can engage in plea negotiations, presenting compelling reasons for the prosecutor to consider dropping the case.
5. Identify Procedural Errors: Procedural errors during the investigation or arrest can be grounds for dismissal. If your rights were violated or there were illegal searches, your attorney can file motions to suppress evidence or dismiss the charges.
6. Lack of Cooperation from the Alleged Victim: While the alleged victim cannot drop charges, their lack of cooperation or refusal to testify can influence the prosecutor’s decision. Your lawyer can leverage this aspect to argue for dismissal.
7. Insufficient Evidence: If the prosecution cannot prove your guilt beyond a reasonable doubt, your attorney can argue for dismissal due to insufficient evidence. Demonstrating a lack of intent or accidental circumstances can further weaken the case against you.

At Capitol City Law Group, we focus on getting your domestic assault charges dropped. Our domestic violence lawyers negotiate with prosecutors and present strong evidence to support dismissing your case. We explore all legal options, including plea deals and alternative solutions, to secure the best outcome for you. By carefully reviewing evidence and identifying weaknesses, we aim to create reasonable doubt. With our strategic approach, we work to protect your rights and reputation.

The Legal Process for Domestic Violence Cases

Understanding the steps involved in domestic violence cases in Minnesota is important. Here’s a simple outline of what typically happens from arrest to trial:

Legal Process for Domestic Violence Cases in Minnesota

• Arrest and Booking
  • Begins with an arrest after police respond to a call.
  • If domestic violence is suspected, the accused is arrested.
  • During booking, personal details, fingerprints, and photos are taken.
• Initial Court Appearance
  • Occurs within 24 to 48 hours after the arrest.
  • The judge explains the charges and sets bail.
  • A temporary restraining order may be issued to protect the alleged victim.
• Restraining Orders
  • Also known as protective orders.
  • Prevents the accused from contacting the alleged victim.
  • Can affect living situations and family communication.
  • Violating a restraining order can result in additional charges.
• Pre-Trial Steps
  • Both parties exchange evidence in a process called discovery.
  • Motions to drop charges or exclude evidence may be filed.
  • Plea deals might be discussed to avoid going to trial.
• Trial
  • Both sides present evidence and arguments.
  • The judge or jury decides the guilt based on the presented evidence.
  • Having a skilled lawyer is crucial due to the complexity of domestic violence trials.
• Sentencing
  • If found guilty, the judge determines the punishment.
  • Factors include the charges, criminal history, and circumstances of the case.
  • Sentencing may involve jail or prison time, fines, and probation.
  • The court may impose mandatory counseling or anger management programs.
  • Protective orders may be extended, affecting family and housing situations.
  • Repeat offenders may face enhanced penalties, including longer incarceration.
  • The defendant’s cooperation and remorse can influence the sentencing outcome.

How Can the Capitol City Law Group Help You?

When facing domestic violence charges, getting a high-quality lawyer quickly is important. Early legal help allows for gathering evidence to build a strong defense and handle the legal process effectively.

At Capitol City Law Group, we focus on each case personally, ensuring every client gets strategic and caring legal help. With 50+ years of combined experience, our lawyers use their knowledge and trial experience to aim for dismissals, reduced charges, or favorable results. 

We handle domestic violence cases involving:

• Spousal Abuse
• Dating Abuse
• Assault & Battery
• Cyber-Stalking
• Criminal Threats
• Dissuading a Witness
• Cohabitant Abuse
• Parental Abuse
• Stalking
• Restraining Order Violations
• Kidnapping

We know these cases can be emotionally tough, so we provide not only legal help but also support throughout. Our team thoroughly investigates each case, carefully reviewing police reports, witness statements, and other evidence to build the best defense.

Contact Us for Experienced Domestic Assault Defense in Minnesota

Whether you have been wrongly accused or are facing serious legal issues, our St. Paul and Minneapolis domestic violence lawyers are here to defend your rights.

 Contact Capitol City Law Group today at 651-877-6784 for a free consultation to discuss your case and start protecting your future.