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An arrest for violence against a roommate falls under the state’s domestic assault laws, because roommates are household members. Minnesota laws broaden the scope of protections and penalties compared to assaults between strangers.
Domestic assault includes physical violence or threats and attempts to inflict fear of immediate harm against someone you live with. State lawmakers aim to address the dynamics of sharing living spaces, where conflicts can escalate quickly. Contact a skilled Bloomington roommate violence lawyer if you need help with a case. Our domestic violence attorneys have experience with these types of cases and could advocate on your behalf to get the charges dropped.
Domestic assault is an act of assault against family or household members. Under Minnesota Statutes § 518B.01, household members are anyone who lives together, regardless of whether they are romantically involved or family members. Penalties for conviction include up to 90 days in jail, fines of up to $1,000, and a misdemeanor on your permanent criminal record.
When aggravating factors are involved, such as the assault resulting in serious injuries, there could be enhanced sentencing. That could mean receiving a gross misdemeanor or felony on your permanent criminal record, up to five years of imprisonment for a first offense, or up to ten years if you have a prior conviction.
State law enforcement officers have the authority to arrest individuals for domestic assault without obtaining a warrant when there is probable cause, such as victim or witness statements and visible injuries. When serious injuries occur during the attack, laws require that officers make arrests, and the state may hold alleged suspects for up to 36 hours before a court appearance.
There is also typically an automatic no-contact order to bar the alleged suspect from contacting the alleged victim. A Bloomington attorney could answer your specific questions after reviewing your case involving roommate violence.
The state prosecutor reviews the case and evidence and, if they find cause, files charges against the individual and schedules a court date. Victims have the right to seek an Order of Protection (OFP), a civil remedy that allows them to evict the other party from the shared residence and restrict contact. Minnesota Statutes 504B.206 gives victims the right to terminate leases early, without penalty, provided they give 30 days’ notice and submit evidence.
We could help you navigate the complexities of your case and ensure your rights are protected at every stage.
Your attorney could look at various common defense strategies used in Bloomington roommate violence cases and work with you to determine the best approach.
We could argue that you used a reasonable degree of force to protect yourself from an unlawful and immediate threat. We could demonstrate that you feared the threat of imminent harm and that your reaction was reasonable and justified.
A mutual combat defense strategy argues that you and the other party willingly and knowingly participated in a physical altercation, and neither was the sole aggressor or victim. Evidence may include witness testimony, police reports, and, if available, video footage.
Establishing a lack of intent can also be an effective strategy. This requires proof that it was accidental or there was a misunderstanding between the two of you, rather than you intending to cause them fear or harm.
Another possible defense is proving to the court that the allegations were entirely false. Evidence to support your case could include alibis, text messages, or other communications to challenge the accuser’s credibility and highlight inconsistencies or motives for them to falsely accuse you of a crime that you did not commit.
An experienced attorney could investigate the cause of the arrest and review the state’s evidence to help determine the most effective strategy.
After an arrest, prompt action to begin preparing your defense case is essential, even when the court date is months away. The longer you have to prepare, the better your chance of overcoming the charges against you.
A hard-working and knowledgeable Bloomington roommate violence lawyer could help you through each step and advocate for the best potential outcome. Call our office today to learn more and schedule an appointment to get started.
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