Domestic assault is an assault committed against a family or household member. An “assault” is an act committed with the intent to cause fear in another of immediate bodily harm or death; or the intentional infliction, or attempted infliction of bodily harm upon another. “Family or household members” include, spouses and ex-spouses; blood relatives; parents and children; those who currently...
Whether right or wrong, sometimes victims of domestic assault do not want their assailants to incur criminal charges and consequences. Police investigate these situations and provide their reports to prosecutors. It is prosecutors, and only prosecutors, who make decisions on whether to charge an individual with a crime, and how to resolve, dispose, or try a case. A prosecutor is...
In Minnesota, persons convicted of a Felony “Crime of Violence” are subject to a lifetime firearms prohibition. In order for the prohibition to apply, the conviction must be for a felony, including a stay of imposition where the conviction is a felony conviction while on probation and then reduces to a misdemeanor conviction following successful completion of probation. See State...
Some police departments in Minnesota are already equipped with body cameras. More departments are now likely to adopt them after Minnesota Governor Mark Dayton recently signed a bill into law that sets regulations for the cameras’ use effective August 1, 2016. In the wake of recent officer-involved shootings, such as Michael Brown in Ferguson and Jamar Clark in Minneapolis, the...
The United State Supreme Court ruled today that in cases of criminal threats, the communicator’s intent matters more than the receiver’s interpretation. In the case at issue, Elonis v. U.S. (No. 13-983), Anthony Elonis was prosecuted for making threatening communications, under 18 U.S.C. § 875(c). Elonis posted statements on Facebook after his wife left him and took their two children....
NFL players have been in the news lately for their behavior off the field. Two of the most prominent cases involve criminal charges against Adrian Peterson in Texas and Ray Rice in New Jersey. Criminal laws vary by state, so what would Mr. Peterson and Mr. Rice be facing if they were being prosecuted in Minnesota? Mr. Peterson was recently...
The federal government has made it a crime for any person who has been convicted of a “misdemeanor crime of domestic violence” to ship or transport or possess any firearm or ammunition or receive any firearm or ammunition that has been shipped or transported. 18 U.S.C. 922(g)(9). To be convicted of a misdemeanor crime of domestic assault under Minnesota law,...
In many cases where a person is arrested and charged with domestic assault a Court will issue a Domestic Abuse no Contact Order (DANCO) as a condition of release at the first court appearance. Once that’s done, the Complainant (or alleged victim) may then seek and obtain either a Domestic Abuse Order for Protection (OFP) or a Harassment Restraining Order (HRO)...
Last time I laid out the basics of criminal assault in Minnesota. In this article, I will outline some common defenses when a person is charged with assault. Self Defense A defendant can argue self-defense when he or she agrees that act of assault occurred occurred, but claims that it was justified by the other person's threatening actions. A jury must...
Assault and battery are two different issues in civil lawsuits. In criminal court, however, assault and battery fall under one statute - there is no difference. The only difference is in the severity of the crime, or the "degree". A person commits assault when they do something with the intent to hurt someone or make them think they are about...
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