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What is Domestic Assault Felony?

Domestic assault in Minnesota can be either a misdemeanor, gross misdemeanor, or a felony. Felonies are much more serious charges, which usually result in greater fines and more time in jail or prison. Also, felons can lose their civil rights, such as the right to vote or possess a firearm.

If you have been accused of any crime of domestic violence, please contact us today. We have extensive experience with felony domestic assault in Minnesota and can help defend you.

What Is Felony Domestic Assault in Minnesota?

Felony domestic assault is an aggravated version of misdemeanor domestic assault, so let’s start there.

Misdemeanor domestic assault under is defined under Section 609.2242 as doing the following to a member of the family or household:

  • Acting with the intent to cause another person to fear death or immediate bodily harm
  • Intentionally inflicting or attempting to inflict bodily harm

Members of family or household includes:

  • Parents
  • Children
  • Spouses
  • Former spouses
  • Any blood relative
  • Someone currently residing with the defendant or someone who has resided in the past
  • Romantic or sexual partner
  • Person the defendant is pregnant with or has already had a child with

If this is a defendant’s first offense, then he or she will be charged with misdemeanor domestic assault.

The charges get kicked up to a felony if this is the third or subsequent “qualified domestic violence-related offense” within a 10-year period. At that point, the defendant can be charged with a felony. You can also be charged with domestic felony assault if you strangled a person, even if this is your first domestic violence-related offense.

What Counts as a Prior Qualified Domestic Violence-Related Offense?

This is a broad category and includes the following:

  • Violation of certain protective or restraining orders
  • Murder (first or second degree)
  • Assault
  • Misdemeanor domestic violence assault
  • Malicious punishment of a child
  • Sending private sexual images without consent
  • Female genital mutilation
  • Terroristic threats or stalking
  • Interference of emergency call

Also, convictions of similar type offenses in other states will count. Two or more of any of these offenses in a 10-year period means you can be charged with domestic felony assault for your third offense.

Punishment for Felony Domestic Assault in Minnesota

A convicted felon faces the following punishments:

  • Up to 5 years in state prison
  • A fine of up to $10,000
  • Both

Felons in Minnesota can also lose important civil rights. As an example, a felon cannot vote in Minnesota until he or she has completed their probation or prison sentence/parole. You will also lose your ability to lawfully possess a firearm and will be burdened with the stigma of a convicted felon.

Contact Us Today

If you have been accused of domestic felony assault, you need a passionate criminal defense attorney by your side. Contact Arechigo & Stokka today. We have helped many people accused obtain a favorable resolution, and we are anxious to help you in every way we can. We offer a free, confidential consultation.

Author Photo John T. Arechigo, Esq.

Attorney John Arechigo has a passion for criminal defense in St. Paul, MN. John received his J.D., from Hamline University School of Law and also carries a Bachelor of Arts from, The University of Minnesota. John was named Attorney of the Year for 2019 by Minnesota Lawyer. Additionally, John was also named as a 2019 Rising Star and was selected to Minnesota Super Lawyers in 2021. He devotes nearly 100% of his practice to defending individuals charged with a crime.

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