Leverson Budke is a law firm based in Eagan Minnesota knowledgeable in all aspects of MN domestic assault laws and criminal defense. But today we are talking about a particular form of domestic assault that can have severe consequences: domestic assault by strangulation. If you are accused of domestic assault by strangulation you need to speak to one of our domestic assault by strangulation lawyers immediately. 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.
Domestic Assault by Strangulation During the Covid-19 Pandemic
In our last post we reported that our domestic assault by strangulation lawyers have seen a spike in domestic violence complaints since March 25, when Governor Tim Walz issued a statewide order to shelter at home in response to the Covid-19 pandemic crisis. Since that time most of the governors in the united states have issued stay at home orders, and, for the first time in history, President Donald Trump has declared all fifty states to be disaster areas. When will the stay at home orders be lifted? The end of April? The end of May? Even later?
We don’t know the answer to that question. But we do know that while Minnesota’s shelter in place order remains in place, and many couples who would rather not do so are forced to spend a lot of extra time together, occupying the same space 24/7. As a result, domestic assault cases in Minnesota – or wrongful accusations of domestic assault – may be on the rise. In particular, accusations of domestic assault by strangulation may be a real issue. Because of the seriousness of this accusation, you need a domestic assault by strangulation lawyer in your corner if you find yourself accused of domestic assault by strangulation. This is, in part, due to the fact that many acts that constitute domestic assault are, for the most part – there are exceptions such as for repeat offenders or assault with the use of a gun — considered misdemeanors. However, if the alleged assault involves strangulation it is a felony under Minnesota law.
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Every call will be connected to a ddomestic assault by strangulation lawyer. Call us today at (651) 829-3572 or click below to schedule a consultation.
Penalties for Domestic Assault by Strangulation in MN
As we noted above, 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 may face deportation. With stiff penalties like these as real possibilities, if you are accused of domestic assault by strangulation you need to contact one of our domestic assault by strangulation lawyers immediately.
Felony Domestic Assault by Strangulation in Minnesota
As we have stated, 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. If this sounds complicated, it is. We should 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 may 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 may 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, may be subject to change by the legislature.
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Every call will be connected to a ddomestic assault by strangulation lawyer. Call us today at (651) 829-3572 or click below to schedule a consultation.
What is a Domestic Assault No Contact Order?
If you are accused of domestic assault by strangulation (or any form of domestic assault for that matter) you may feel that “the deck is stacked against you” because you may 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 may not 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 is 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 may 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 may be subject to an Order For Protection or OFP. If granted, an OFP may prohibit any additional abusive acts; prohibit the accused of being in the home formerly shared with the petitioner or coming within a reasonable distance; may 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.
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Every call will be connected to a ddomestic assault by strangulation lawyer. Call us today at (651) 829-3572 or click below to schedule a consultation.
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 may 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 may 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? If the answers to any of these questions are “yes,” the defense will be more difficult. If 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. If there is evidence of an actual injury, it may 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 may well be that our domestic assault by strangulation lawyers can mount a self-defense claim. The alleged victimizer may 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? If such is the case, the accuser’s case can be dramatically weakened.
At this point we should note that in domestic violence by strangulation cases – as in all domestic assault cases – the victim may 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 may conclude that the alleged victim’s recantation is consistent with “battered women’s syndrome.” Under this theory the women (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 may 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 may also take notice. This is why it is so important to hire a MN domestic violence lawyer that 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.
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 may show up on a search of public records. Let our domestic assault by strangulation lawyers take on this fight.
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Every call will be connected to a ddomestic assault by strangulation lawyer. Call us today at (651) 829-3572 or click below to schedule a consultation.
Why Should I Hire a Domestic Assault by Strangulation Lawyer?
As should be clear by now, if 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 may 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.
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If 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 button blue buttons above to get on our schedule.