Have you been wrongly arrested for domestic violence? If so, you might be wondering if you need a Rochester criminal defense attorney to defend you against this false accusation. Thankfully, a good attorney understands the law, knows the hallmarks of false accusations, and understands what strategies to use to defend you.
In Minnesota, domestic violence offenses are unique since it carries usual penalties and several collateral consequences. Because of this, anyone charged with these offenses must have an attorney by their side to protect their rights.
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Domestic Assault in Minnesota
A domestic assault conviction in Minnesota can happen only when the victim is the accused’s household or family member. The accused can be guilty when they inflicted or tried to inflict bodily harm on a household member or intend to cause them to fear bodily harm or death. When you are guilty of first offense domestic assault, you can stay in jail for up to 90 days and pay fines of up to $1, 000. A gross misdemeanor will be charged to you if you have been convicted of an offense related to domestic violence within the last 10 years. This is punishable by up to a year in jail and fines of up to $3, 000. When charged with a felony, you can be jailed for up to five years and asked to pay up to $10, 000 in fines.
In Minnesota, domestic assault offenses carry collateral consequences. A conviction will prohibit you from possessing firearms. Violating this order could have you charged for an extra gross misdemeanor offense. In addition, a judge can order the summary forfeiture of your firearms. Therefore, your guns would be the state’s property and you would never get them back.
Moreover, you will be required to complete an additional evaluation. Once you complete this evaluation, you may be recommended to undergo domestic violence programming.
Lastly, when you will be convicted for domestic assault, you can face serious immigration issues such as exclusion from the U. S., denial of naturalization, and deportation.
How a Lawyer Can Help You Avoid a Conviction
If you are facing a false accusation of domestic violence, you must retain a defense attorney. Your lawyer knows what to do to avoid a conviction and get a dismissal. They will work with you to collect the necessary information to mount your defense. Even if you haven’t been charged, a lawyer can help you the consequences mentioned above.