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  • Writer's picturePeter Lindstrom, Esq.

You Are Not Alone: Defending Against Domestic Assault Charges in Minnesota


Facing domestic assault charges can be an incredibly distressing and isolating experience. It's important to remember, however, that you are not alone. In 2022 alone, there were 10,634 reported simple domestic assaults in the state of Minnesota, according to the Minnesota Bureau of Criminal Apprehension (BCA). And 2,787 aggravated domestic assaults. This statistic highlights the unfortunate reality that many individuals find themselves in similar situations. Many are correctly charged for making a mistake or engagine in bad behavior. Some are falsely accused but lumped in with the others because of the presumption of guilt that society tends to hold. As a criminal defense attorney, I want to offer some insights into what you can do to defend yourself if you are charged with domestic assault.


Understanding Domestic Assault Charges:


Domestic assault charges can encompass a wide range of behaviors and actions. They typically involve an act of violence or threats of violence against a family or household member, as defined by Minnesota law. Domestic assault is taken seriously by law enforcement and the criminal justice system, and it can result in severe consequences, including jail time, fines, restraining orders, and a criminal record.


Here are some steps you can take if you find yourself facing domestic assault charges:


1.    Seek Legal Representation:

One of the most crucial steps you can take when charged with domestic assault is to consult with an experienced criminal defense attorney. An attorney can provide valuable guidance, explain your rights, and help you understand the charges against you. They will work to build a strong defense strategy tailored to your specific case.


2.    Understand the Charges:

It's essential to understand the specific allegations against you. Domestic assault charges can vary in severity, and knowing the details of your case will allow your attorney to develop an effective defense strategy. This may involve questioning the credibility of the alleged victim's statements, investigating any potential witnesses, or examining the evidence against you.


3.    Preserve Evidence:

Gathering and preserving evidence is crucial in defending against domestic assault charges. This can include collecting text messages, emails, or other communications that may support your side of the story. Your attorney will help you determine what evidence is relevant and admissible in court.


4.    Consider Your Options:

Depending on the circumstances of your case, there may be various defense strategies available to you. These can include self-defense, mistaken identity, false accusations, or challenging the legality of the arrest or search and seizure. Police frequently arrest people of domestic assault even if there is not strong corroborating evidence. You may be shocked to find yourself in this position. But understand that you are now involved in a criminal justice system that has resulted in over 3,000 wrongful convictions since 1989. It’s important that you find the best options to navigate through this difficult situation. Your attorney will work with you to determine the best approach.


5.    Negotiate or Go to Trial:

In some cases, it may be possible to negotiate with the prosecution for a reduced charge or alternative sentencing options. Your attorney will represent your interests during these negotiations. If a fair resolution cannot be reached, your case may proceed to trial, where your attorney will advocate for you in front of a judge and jury.


6.    Comply with Court Orders:

Throughout the legal process, it's crucial to comply with any court orders, including restraining orders or conditions of release. Failure to do so can result in additional charges and negative consequences.


Conclusion:

Being charged with domestic assault can be a daunting experience, but it's important to remember that you are not alone. Thousands of individuals in Minnesota faced similar charges in 2022. By seeking legal representation, understanding the charges against you, preserving evidence, and exploring defense strategies, you can work toward the best possible outcome for your case.


It's important to consult with an experienced criminal defense attorney who can provide you with personalized guidance and support throughout the legal process. Remember that you have the right to defend yourself against these charges, and with the right legal representation, you can pursue a fair and just resolution to your case.


Contact Subzero Criminal Defense and we may be able to start working on your case as soon as today. 651-248-5142. Subzero Criminal Defense provides a defense with intelligence, creativity, and grit.

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