Minneapolis Domestic Assault by Strangulation Lawyer
Domestic Assault by Strangulation is a crime in the State of Minnesota. If you, or someone you know is charged with a crime, please call criminal defense attorney Barry McKee immediately. Time may be of the essence! Barry McKee is a lawyer with extensive experience defending Strangulation Assault cases in the twin cities and can help guide you (or your loved one) to the best outcome in the case.
What is Domestic Assault by Strangulation Assault?
Minnesota Statute 609.2247, Subdivision 1 explains Domestic Assault by Strangulation this way:
Whoever, against a family or household member, intentionally impedes 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 is guilty of Domestic Assault by strangulation.
What are the Criminal Penalties for Domestic Assault by Strangulation?
According to Minnesota Statute 609.2247, Subd. 2:
“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.”
People convicted of Domestic Assault by Strangulation don’t generally serve the maximum possible prison sentence nor pay the maximum possible fine; however, time in jail (or prison) is not uncommon after a conviction for strangulation assault. Moreover, persons convicted of strangulation assault will likely be placed on probation for an extended period and ordered to comply with all the rules and regulations of probation. If a probation violation occurs, then the individual may have to pay more fines or serve more time in jail or prison.
What are the non-criminal consequences of a Domestic assault by Strangulation conviction?
Domestic Assault No Contact Order (DANCO). Even though a defendant in a criminal case is “presumed innocent until proven guilty beyond a reasonable doubt,” it is common for a DANCO order to be put in place early on in the case by the judge. A DANCO order is aimed at keeping the defendant away from the alleged victim while the case is pending. (The DANCO order will also often continue well after the criminal case against the defendant has been resolved.)
The issuance of a DANCO order often creates an extreme hardship for the defendant and his or her family. As part of the DANCO order the judge will place restrictions on the defendant’s ability to return home. Where kids are involved, this can be very challenging for the entire family. But, even where there aren’t kids in the picture, a defendant that cannot return home to retrieve his or her property and other necessities are terribly inconvenienced. Moreover, because a DANCO order compels the defendant to avoid direct and indirect contact and communication with the alleged victim, it is extremely difficult to arrange for the return of the defendant’s property.
While DANCO orders can be lifted in some circumstances, it is not uncommon for the alleged victim of Felony Domestic Assault to remain at the property (even if they don’t own it) while the defendant in the case is forbidden to return to the property (even if they own it). In these situations, lucky defendants find family and friends to stay with while the Felony Domestic Assault case is pending. Unlucky defendants find themselves incurring expensive hotel or motel bills while the DANCO order is in place.
Anger and Chemical Use Assessments. Most judges will order an individual convicted of Felony Domestic Assault to submit to an anger management assessment. In addition, if there was any alcohol or drug use by the defendant in connection with the incident, then the judge will likely also order the defendant to submit to a chemical uses assessment as well.
After the assessment process is complete, the Judge (or probation officer) will review the assessment and associated recommendations. The judge then, as part of the Sentencing Order, orders the defendant to comply with all of the assessment’s recommendations. For example, if an anger management assessment recommends that a defendant attend a specific anger management class, then the defendant must attend (and pay for) that specific class. Moreover, if a defendant fails to follow the assessment’s recommendations, then a judge may find that the defendant has violated a term of probation and needs to serve time in jail.
Stress. For most people, one of the nasty consequences of any criminal charge is stress. A criminal charge is stressful for the accused and his or her family and friends. The stress comes from: not knowing the legal process and rules; embarrassment of being charged with a crime and having to go to court; the expenses associated with dealing with the criminal charges, inconvenience of DANCO Orders, and fear of an outcome in the case that is beyond the defendant’s control. Will a jail sentence be imposed? If so, how long? Will there be fines, if so, how much? Will the case need to go to trial? How much will all this cost? Will I lose my job?
Harm to Employment/Employment Prospects. Under Minnesota law, an employer may be able to fire an employee because of a criminal charge or conviction. In addition, job applications often ask the applicant if he or she has been convicted of a crime. Unfortunately, Felony Domestic Assault is a crime and would have to be disclosed on a job application. Moreover, a conviction for Felony Domestic Assault would most assuredly show up on a criminal background check.
Probation/Probation Violations. The court will order someone convicted of Domestic Assault to be placed on probation. Probation can be intensive or non-intensive and carry with it travel and other restrictions. If a defendant charged with Domestic Assault is already on probation for another case, then a conviction could trigger a probation violation on any other cases for which the defendant is currently on probation.
What are the defenses to Domestic Assault by Strangulation?
As with all criminal cases, depending on the facts of the case, there may be defenses available to the person who is accused. A general list of defenses includes: self-defense, defense of others, intoxication, involuntary intoxication, insanity, necessity, abuse, and several others. Contact Minnesota Criminal Defense Attorney Barry McKee to find out what defense(s) may apply in your case.
Why you should contact Minnesota Domestic Assault by Strangulation Attorney Barry McKee?
Barry McKee is a criminal defense lawyer with over 40 years experience handling Domestic Assault by Strangulation cases. He knows the tendencies of the prosecutors and judges, the law, the defenses, and how to get you the best outcome in your case. If contacted early enough in the process Barry McKee is often able to get criminal charges dismissed or reduced.