Duluth Domestic Violence Lawyer

Being accused of abuse or violence against a family member can be devastating. When police officers responding to a domestic disturbance call make an arrest, you may receive a domestic violence charge from the courts, be threatened with penalties that include jail time and fines, or be subjected to a restraining order that makes it difficult or impossible to return to your home and see your children.

When you are accused of domestic violence, you have a right to defend yourself. The impact of such an accusation can be far-reaching and lifelong, and a conviction can affect your personal and professional life and your reputation. It is essential to have an experienced criminal defense attorney combat the allegations in court or negotiate an outcome in the best interests of everyone. A Duluth domestic violence lawyer could help you.

Defining Domestic Abuse

Per state law, domestic abuse is physical harm, or the fear of physical harm, being inflicted by a family member or criminal sexual conduct committed by a member of one’s family. A family member can include a child, spouse, cohabitants, others with a child in common, or any other relative in the home.

A person could be charged with domestic assault when they inflict, or attempt to inflict, bodily harm upon a member of their family or household under Minnesota Statute § 609.2242. Domestic assault is a misdemeanor, meaning the punishment can be up to one year in jail.

When someone commits another domestic violence offense within ten years, they could be charged with gross misdemeanor domestic assault, for which the punishment is a maximum of one year in jail and a $3,000 fine. Upon their arrest for a third domestic violence offense within ten years, they will be charged with a felony. The punishment for a felony domestic assault conviction is up to five years in prison and $10,000 in fines.

Regardless of whether someone faces a misdemeanor or felony charge, it is best to have the support of a Duluth domestic violence lawyer who could handle the case.

Crafting a Strong Defense

Everyone has the right to be considered innocent until proven guilty, and there are some common defenses people accused of domestic violence can rely on.

First, the government must meet the burden of proof to convict someone of domestic abuse, and they must clearly show each element of the accusation is met. Defense attorneys can challenge what the government claims happened and bring forth their evidence to challenge the government’s. The right evidence can make or break a case, and it is important to collect as much evidence as possible early in the case.

Another common argument is defense of oneself and others. When a defendant reasonably believed that they were about to immediately be assaulted or harmed in some way, or if they were being assaulted or harmed in some way, they can use proportional force to defend themselves. Defense of others is very similar to self-defense.

Further, the police may violate people’s rights when arriving at a scene, whether an arrest is made without probable cause or a search is done without probable cause. Some forms of evidence can be thrown out depending on what the police did to the defendant, which can lessen proof of the charge and get the case dismissed. Anyone who is charged or questioned should avoid giving a statement to police or prosecutors without first hiring an experienced domestic violence lawyer in Duluth.

Call a Duluth Domestic Violence Attorney Today

Even an innocent dispute can explode into protective orders and criminal charges. When you hire a Duluth domestic violence lawyer, you will likely have a better outcome in front of a judge than handling the allegations on your own. An attorney with the requisite knowledge can get a domestic battery charge reduced or completely withdrawn. Contact our firm today to get help.