Leverson Budke is a law firm based in Eagan, Minnesota, knowledgeable in all aspects of MN domestic assault laws and criminal defense. Yet today, we are talking about a particular form of domestic assault that can have severe consequences: domestic assault by strangulation. When you are accused of domestic assault by strangulation, you need to speak to one of our domestic assault by strangulation lawyers immediately.
A Minnesota domestic assault by strangulation lawyer helps those accused of this crime. Strangulation in domestic cases is a felony with severe penalties. An experienced lawyer gives defense, helps navigate the legal system, and works to protect your rights. When facing charges, seek legal help.
Your engagement with our domestic assault by strangulation lawyer begins with a free initial phone consultation. You will talk directly with a lawyer who is a top expert in the region in the field of defense of domestic assault by strangulation claims.
Penalties For Domestic Assault By Strangulation In MN
The penalties for conviction of domestic assault by strangulation are severe in Minnesota. Even in the case of a first offense, the penalties are three-fold: a prison sentence of up to three years; a fine of up to $5,000; and a felony police record that can impact your ability to get a loan, get a job, be admitted to college, rent an apartment, own a gun, or interfere with many other aspects of life. Worst of all, a non-citizen can face deportation. With stiff penalties like these as real possibilities, when you are accused of domestic assault by strangulation you need to contact one of our domestic assault by strangulation lawyers immediately.
Free Consultation
Every call will be connected to a domestic assault by strangulation lawyer. Call us today at (651) 829-3572 or click below to schedule a consultation.
Felony Domestic Assault By Strangulation In Minnesota
Domestic assault by strangulation is a felony in Minnesota – even for a first time offender – if the action is deemed to constitute strangulation (as defined below) and if the victim is in the broad group of protected individuals. Our domestic assault by strangulation lawyers can work through these complexities.
You need one of our domestic assault by strangulation lawyer experts to determine if the alleged victim is in the protected class. We often think of domestic assault as involving a husband and wife – frankly with the more common accusation being of a husband assaulting a wife – but Minnesota’s law is more broad. These individuals include (as contained in Minnesota statutes): spouses and former spouses; parents; children; other relatives (i.e. those related by blood such as cousins); individuals who are living together; individuals who have lived together in the past; individuals who have a child in common, even if the child was not produced during marriage; a pregnant woman and the father (whether or not paternity has been proven); and those in “significant” sexual or romantic relationships. When this sounds complicated, it is. We must also note here that Minnesota recognizes same-sex marriage, so domestic assault by strangulation charges can arise from same-sex disputes. Allow one of our domestic assault by strangulation lawyers to sort it out and present your best defense in court.
Sentencing For Domestic Assault By Strangulation In MN
Prior to 2005 a first conviction for domestic assault by strangulation was considered a misdemeanor. But Minnesota’s legislature has been constantly increasing the power to prosecute and the power to punish. Now a conviction is a felony. Has the law tipped too far in favor of the accuser at the expense of those that are accused but can well be innocent? Our domestic assault by strangulation lawyers are constantly monitoring the legislature’s activities to be sure we are one hundred percent current as to the law that is in place.
Minnesota Domestic Assault By Strangulation Statute
Minnesota’s domestic assault by strangulation laws are contained in section 609 of the statutes. Our domestic assault by strangulation lawyers monitor them carefully. The pertinent parts of the statute are as follows:
“Family or household members” has the meaning given in [a section which we have reproduced above];
“Strangulation” means 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.
Upon conviction, the penalty for the crime is defined as follows: “Unless a greater penalty is provided elsewhere, whoever assaults a family or household member by strangulation is guilty of a felony and can be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $5,000, or both.” Our domestic assault by strangulation lawyers can walk you through the statute, which, as noted above, can be subject to change by the legislature.
Free Consultation
Call our domestic assault by strangulation lawyer to get the best outcome. Contact us today at (651) 829-3572 or click below to schedule a consultation.
What Is A Domestic Assault No Contact Order?
When you are accused of domestic assault by strangulation (or any form of domestic assault for that matter), you can feel that “the deck is stacked against you” because you can be subject to both criminal court and civil court no contact orders. Some orders can be issued ex parte. What is an ex parte order? It is simply an order issued by a civil or criminal court judge based on a proceeding where you are not even present.
You cannot even know about the hearing until you are served with the results. Further, violation of the order is itself a crime! Further, although you are entitled to a hearing within fourteen days, the order can remain in place for two years and even up to fifty years! Clearly, to navigate this labyrinth you will need representation by our domestic assault by strangulation lawyers.
What can a judge order in a hearing? The possibilities are long and complicated. Our domestic assault by strangulation lawyers can explain them to you. They include: prohibiting the accused of committing further domestic abuse; prohibiting the accused from coming to the victim’s home, work, or a dwelling the two share and any reasonable area around these locations; prohibiting the alleged abuser from contacting the victim in any way (this would include social media); determining temporary custody of minor children and determining any visitation rights; requiring spousal support or child support where appropriate; requiring the accused to continue paying for any existing insurance; awarding custody of pets (an often overlooked aspect of domestic abuse situations); arranging marriage counseling in case of a marital situation and where requested; requiring the alleged abuser to receive counseling; and requiring any restitution for damages. Finally, the court can require “any other relief necessary.” Let our domestic assault by strangulation lawyers help.
In addition, where appropriate, the judge – also in civil court — can issue a temporary ex parte order prior to the hearing. Particularly onerous, in an ex parte hearing the defendant is not even given notice of the hearing and is not present. Such an order can be issued where the petitioner claims that there is an immediate danger of domestic abuse. Our domestic assault by strangulation lawyers can explain the process.
The ex parte order can prohibit the accused from committing domestic abuse; contacting the petitioner (again including through social media); requiring the accused from staying away from the alleged victim’s home or workplace; continue paying for any existing insurance; and once again protecting pets. The ex parte orders are only in effect until the hearing discussed above takes place, within fourteen days. Although our domestic assault by strangulation lawyers will not be present at this hearing, they can guide you through the aftermath.
As noted above, protective orders are pursued in civil court. Under Minnesota criminal law a judge can issue a No Contact Order in a criminal court while a criminal proceeding is underway. The no contact order prohibits the accused from contacting the alleged victim in any way. You will want a domestic assault by strangulation lawyer with you for this hearing.
Finally, the accused domestic abuser can be subject to an Order For Protection or OFP. When granted, an OFP can prohibit any additional abusive acts; prohibit the accused of being in the home formerly shared with the petitioner or coming within a reasonable distance; can award temporary custody of minors and require for their support; and prohibit all contact. Violations of the OFP can be a separate misdemeanor from the underlying domestic assault charges. Our domestic assault by strangulation lawyers can help you through all this.
How To Defend Yourself Against False Accusations?
Domestic assault by strangulation charges can often be false. How do you defend yourself? This is where working with one of our domestic assault by strangulation lawyers is imperative. Although there can be situations where a third-party witness is present for the alleged strangulation, more often than not there are no witnesses. This results in the classic “he said, she said” situation.
Much of your defense will depend on what happens in the immediate aftermath of the alleged incident. Did the alleged victim contact the police immediately after the incident? Were the police called to the scene? How well and how much did the police investigate? (Sometimes the police can treat domestic violence as low priority.) Did the alleged victim immediately go to a hospital emergency room? Are there photographs that show redness, bruising or scratches around the alleged victim’s neck? When the answers to any of these questions are “yes,” the defense will be more difficult. When all the answers are “no” the defense will benefit. Our domestic assault by strangulation lawyers will create a defense strategy regardless of the circumstances.
Domestic Assault By Strangulation Defense
There are a variety of different defenses to an accusation of domestic assault by strangulation. First of all, the alleged assailant can argue that no strangulation even occurred. As noted above, this defense is generally not available if the alleged victim was able to obtain evidence immediately after the incident. When there is evidence of an actual injury, it can well be that those injuries were the result of a fight in which both parties were injured. Did the alleged assailant incur any visible injuries himself (or herself)? It can well be that our domestic assault by strangulation lawyers can mount a self-defense claim. The alleged victimizer can well actually prove to be the victim.
Our domestic assault by strangulation lawyers will also look into the question of the accuser’s motives. Are the charges part of an attempt to gain or alter child custody, obtain or increase alimony and child support, or gain some other advantage in a domestic dispute? When such is the case, the accuser’s case can be dramatically weakened.
At this point we must note that in domestic violence by strangulation cases – as in all domestic assault cases – the victim can decide to recant after filing a complaint. This simply means that the alleged victim has decided to withdraw the charges. However, this is not always the end of the alleged assailant’s difficulties; the government can conclude that the alleged victim’s recantation is consistent with “battered women’s syndrome.” Under this theory the woman (the victim is usually a woman) believes herself to be deserving of the abuse. It is a complex theory and a species of PTSD (Post Traumatic Stress Disorder).
Thus, the prosecution can decide that it is appropriate to continue with the criminal proceedings in the best interest of the victim. Again, faced with a recantation situation, our domestic assault by strangulation lawyers will determine how to best address the situation and argue that the recantation was based on a calm, post-incident assessment of the facts and not battered women’s syndrome.
How Long Does Domestic Assault By Strangulation Stay On Your Record?
The short answer is forever. The consequences can be very severe. For example, Minnesota allows a potential employer to refuse to hire solely based on a criminal record. Landlords, professional licensing agencies, and lenders can also take notice. This is why it is so essential to hire an MN domestic violence lawyer who knows Minnesota’s domestic assault laws inside and out in the first place.
However, as discussed in the paragraph below, there is some possibility of expungement if you have been convicted of domestic assault by strangulation. It’s always best to have legal representation to help you navigate this complex process and help mitigate any potential negative consequences. Let our domestic assault by strangulation lawyers present your best defense in court so you don’t have to think about expungement options to seal your criminal record down the road. You can set up a free consultation over the phone or in person. Just click the button below to get on our schedule.
Free Consultation
Every call will be connected to a domestic assault by strangulation lawyer. Call us today at (651) 829-3572 or click below to schedule a consultation.
Can I Get A Strangulation Charge Expunged?
Under Minnesota law expungement of some criminal records is possible; but the news is not all good in the case of a conviction and expungement for domestic assault by strangulation. There are two classes of expungement: full expungement of all public and court records, and expungement of court records only. Full expungement is available for a variety of crimes up through gross misdemeanors, and even, in some cases, felonies.
In the case of domestic violence, sexual assault or violating a protective order (as we discussed above in the context of a protective order for domestic violence), legislation only allows expungement of court records. The crime will remain on the convicted individual’s public record where it can show up on a search of public records. Let our domestic assault by strangulation lawyers take on this fight.
Why Should I Hire A Domestic Assault By Strangulation Lawyer?
As must be clear by now, when you are charged with domestic assault by strangulation this is no time to go it alone and try to represent yourself in court. As we have seen, you can face jail time of up to five years, fines of up to $5,000 and a lifelong stain on your record that can have severe consequences. You need one of our domestic assault by strangulation lawyers, and you need him immediately.
FAQs
1. What Is The Statute Of Limitations On Domestic Violence In Minnesota?
In Minnesota, the statute of limitations for domestic violence varies. For most felonies, it’s 3 years. For misdemeanors, it’s 2 years. This means charges must be filed within these time frames after the incident occurs. Consult with a lawyer to understand how these laws apply to your situation.
2. How Long Do Most Domestic Violence Cases Last?
Most domestic violence cases in Minnesota last several months to over a year. The duration depends on factors like case complexity, court schedules, and whether it goes to trial. A Minnesota Domestic Assault By Strangulation Lawyer can help navigate the process and work towards a timely resolution.
3. How Much Is Bail For Domestic Violence In Minnesota?
Bail for domestic violence charges varies, ranging from a few hundred to several thousand dollars, depending on the severity of the charges and the person’s criminal history. A judge sets the bail amount during the first court appearance. Consult a Domestic Assault By Strangulation Lawyer.
Conclusion
When a charge of domestic assault or a conviction is threatening to have a serious negative impact on your life, let the Eagan MN domestic assault by strangulation lawyers at Leverson Budke present your best defense. Remember, the initial consultation with one of our domestic assault lawyers is free. Be sure to click one of the blue buttons above to get on our schedule.
