What Is the Penalty for Domestic Assault in Minnesota?

Reviewed by the Marketing Team · Last updated October 23, 2026

Martine Law PLLC | Updated October 23, 2026

Domestic assault under Minnesota Statutes section 609.2242 is a misdemeanor when no qualifying prior applies, with up to 90 days in jail, a $1,000 fine, or both. A qualifying prior conviction or delinquency adjudication within ten years makes it a gross misdemeanor with up to 364 days and $3,000 and a 20-day minimum, and two or more qualifying priors can make it a felony with up to five years and $10,000. A first incident can still be charged as a felony under a different statute, such as strangulation. Source: Minnesota Statutes 609.2242

Source: Minnesota Statutes 609.2243 Source: Minnesota Statutes 609.2247 Source: Minnesota Statutes 609.02

These are limits for a conviction, not predictions for a charge.

What is domestic assault under Minnesota law?

Domestic assault is an assault against a family or household member. The state must prove either an act done with intent to cause fear of immediate bodily harm or death, or the intentional infliction of, or attempt to inflict, bodily harm. Source: Minnesota Statutes 609.2242 The conduct mirrors fifth degree assault; the relationship is what makes the charge domestic.

Family or household members include:

• Spouses and former spouses.
• Parents and children.
• Persons related by blood.
• Persons who live together or have lived together.
• Persons with a child in common, whether or not they married or lived together.
• A man and woman where the woman is pregnant and the man is alleged to be the father.
• Persons in a significant romantic or sexual relationship.

Source: Minnesota Statutes 518B.01, subdivision 2

Unless another category applies, former dating partners qualify only if the relationship was significant. The court weighs its length, its type, how often the two people interacted, and how long ago it ended. A qualifying relationship allows a domestic assault charge but does not stop a prosecutor from charging another assault offense instead.

What counts as a prior for enhancement?

A qualifying prior is a conviction or delinquency adjudication for a qualified domestic violence-related offense. The list includes first through fifth degree assault, domestic assault, strangulation, first through fourth degree criminal sexual conduct, terroristic threats, stalking, malicious punishment of a child, interference with an emergency call, and violations of an OFP, a harassment restraining order or a DANCO. Attempts count, as do similar laws of other states and the United States. Source: Minnesota Statutes 609.02, subdivision 16

The prior need not involve the same person or a family member, and an arrest, a pending charge or an issued OFP is not a prior without a conviction or adjudication. The felony provision also reaches fifth degree assault within ten years of the first of two or more priors. Source: Minnesota Statutes 609.2242, subdivision 4

An out-of-state prior counts only if the other state’s law is actually similar, which is a legal comparison, not a match of labels.

Will I go to jail for a first domestic assault?

Not necessarily. No statute requires jail for a misdemeanor domestic assault. The court can impose up to 90 days, or stay all or part of a sentence and place the person on probation for up to two years. Source: Minnesota Statutes 609.135, subdivision 2

If the court stays the sentence and orders probation for a domestic abuse offense, it must order completion of a domestic abuse counseling or educational program. Those programs require at least 24 sessions or 36 hours unless a probation agent recommends fewer. Source: Minnesota Statutes 518B.02

A conviction also triggers a presentence domestic abuse investigation, whose report must recommend contact limits and programming. Source: Minnesota Statutes 609.2244

Two financial rules apply. The fine must be at least 30 percent of the maximum, which a court cannot waive but can reduce for indigency or hardship. Source: Minnesota Statutes 609.101 The court can also order restitution for the victim’s losses. Source: Minnesota Statutes 611A.04

What are the mandatory minimums for a repeat domestic assault?

Section 609.2243 sets special sentencing rules for repeat domestic assault.

• Gross misdemeanor. At least 20 days, with 96 hours served consecutively. The court may stay that minimum on the condition that the person completes anger therapy or counseling and meets other conditions. If a violation appears, the person can be taken into custody, and if the court finds the violation at a revocation hearing, it must execute the sentence.
• Felony. The court presumes a stay of execution with at least 45 days of incarceration as a probation condition, 15 of them consecutive. If the criminal history score calls for an executed prison sentence, that sentence applies unless the court departs.

Source: Minnesota Statutes 609.2243

Felony domestic assault is Severity Level 4 on the Sentencing Guidelines grid. At a criminal history score of zero, the presumptive sentence is 12 months, stayed. Prison becomes presumptive at a score of four. Source: Minnesota Sentencing Guidelines 4.A and 5.A, effective August 1, 2026 Probation can last up to five years for a felony and two years for a gross misdemeanor. Source: Minnesota Statutes 609.135, subdivision 2 See stay of imposition in Minnesota.

Is strangulation charged differently?

Yes. Domestic assault by strangulation is a felony with no prior required. Strangulation means intentionally impeding normal breathing or blood circulation by applying pressure on the throat or neck or by blocking the nose or mouth. The maximum is three years and $5,000 unless another statute provides more. Source: Minnesota Statutes 609.2247

The statute does not require a visible injury, but neck contact alone does not meet the definition. The state must prove the intentional impeding of breathing or circulation. For offenses on or after August 1, 2026, strangulation moved from Severity Level 4 to Severity Level 5. Source: Minnesota Sentencing Guidelines 5.A, effective August 1, 2026 Read more on felony assault by strangulation. An injury such as a fracture can also support third degree assault.

How does a domestic assault conviction affect gun rights?

Every level carries a firearm consequence.

• Misdemeanor or gross misdemeanor. No firearm possession until three years have passed from conviction with no other domestic assault or fifth degree assault conviction in that time. Possession during the ban is a gross misdemeanor. Since August 1, 2026, this paragraph refers to “firearms” where it once said “pistol.” Source: Laws 2026, chapter 75, section 7
• Felony domestic assault or strangulation. These are crimes of violence, so the person may not possess firearms or ammunition for life unless a court restores that ability for good cause. Possession is a felony with up to 15 years and $30,000. Source: Minnesota Statutes 624.712, subdivision 5 Source: Minnesota Statutes 609.165
• Firearm used in the assault. The court may extend the ban beyond three years or for life, and that firearm and all other firearms the person possesses are forfeited. Source: Laws 2026, chapter 75, section 7
• Federal disqualification. Minnesota also bars possession by anyone disqualified under the federal domestic violence firearm provisions. Source: Minnesota Statutes 624.713, subdivision 1

How does the 2026 firearm transfer process work?

For orders issued since August 1, 2026, the court orders any firearms the person possesses or owns transferred as soon as reasonably practicable, by a deadline based on custody status and where the firearms are. Transfers go to a licensed dealer, the local law enforcement agency, which must accept them, or an eligible third party who does not live with the person. A third-party transfer happens at the agency, supervised or in a monitored safe zone, with 24 hours’ notice. The person files proof of transfer or a declaration of nonpossession, and a compliance hearing follows within ten business days unless waived. A temporary transfer does not change ownership, and permits are surrendered to the court. Source: Laws 2026, chapter 75, sections 6 and 7 See domestic assault and gun rights.

What is a DANCO and how does it affect the case?

A domestic abuse no contact order is a criminal court order against a defendant. It can be issued before trial or as a probation condition, in a separate proceeding right after release or sentencing issues are decided, and it is independent of any release condition. Source: Minnesota Statutes 629.75, subdivision 1

Violating a DANCO requires knowing the order exists. A first violation is a misdemeanor. Within ten years of a qualifying prior it is a gross misdemeanor with ten days that must be served. Within ten years of the first of two or more priors, or while possessing a dangerous weapon, it is a felony, and a stayed felony sentence must include at least 30 days of incarceration. Police must arrest on probable cause when they can verify the order, and the person is held at least 36 hours, excluding the arrest day, Sundays and holidays, unless a judge or judicial officer releases the person sooner. Source: Minnesota Statutes 629.75, subdivisions 2 and 3

Can I go home or have contact if the alleged victim agrees?

No. Only the court can change a DANCO or a no-contact release condition, and the protected person’s consent does not authorize contact. Handle housing, belongings and parenting time through counsel, the court and methods the order expressly permits. See DANCO lawyers, what happens if you violate a DANCO, and how DANCOs affect custody.

What happens after a domestic assault arrest?

Police may arrest without a warrant for nonfelony domestic abuse within 14 days of the conduct, a window that was 72 hours before August 1, 2026. When no arrest is made, officers should seek a warrant without undue delay. Source: Laws 2026, chapter 97, article 7, section 6

The arresting officer cannot issue a citation in place of arrest and must bring the person to the station or jail. Staff there must release on a citation unless release appears to threaten the alleged victim, a household member or public safety, or there is a substantial risk of nonappearance, and they must weigh any domestic violence history. Source: Laws 2026, chapter 97, article 7, section 8 A person who stays in custody must see a judge within 36 hours, excluding the arrest day, Sundays and legal holidays, and a warrantless arrest needs a judicial probable cause finding within 48 hours. Source: Minnesota Rules of Criminal Procedure 4 The judge can set no-contact, stay-away and no-firearm conditions. Source: Minnesota Statutes 629.72, subdivision 2

• Make no contact with the alleged victim, directly or through others, while any order or condition bars it.
• Do not give a statement without a lawyer. Read about police interviews and your rights.
• Preserve your own messages, photos and witness names, and see bail and bond in Minnesota and the first court appearance in a domestic assault case.

Can the alleged victim drop a domestic assault charge?

No. The prosecutor decides whether to proceed and may dismiss with stated reasons. Source: Minnesota Rules of Criminal Procedure 30 A judge can dismiss for lack of probable cause. Source: Minnesota Rules of Criminal Procedure 11 An alleged victim can tell the prosecutor their wishes but cannot dismiss the case or ignore a subpoena, which is contempt without adequate excuse. Source: Minnesota Rules of Criminal Procedure 22 Without that testimony, the case turns on other admissible evidence. See when the victim won’t press charges.

Can a domestic assault charge be reduced or dismissed?

It can, depending on the evidence. Possible results include dismissal, acquittal, an amended charge, a stay of adjudication, a stay of imposition or a conviction. The defense tests the act and intent, the relationship, any prior, self-defense, and whether evidence was lawfully obtained. Reasonable force may be used to resist an offense against the person. Source: Minnesota Statutes 609.06 Any plea agreement must be accepted by the judge. Source: Minnesota Rules of Criminal Procedure 15

Can domestic assault be expunged in Minnesota?

Not automatically. Misdemeanor and gross misdemeanor domestic assault are excluded from automatic expungement. Source: Minnesota Statutes 609A.015, subdivision 3 A person can petition after two years from discharge of a misdemeanor sentence, or three years for a gross misdemeanor, with no new conviction, and after a dismissal or acquittal. Source: Minnesota Statutes 609A.02, subdivision 3 The court must find by clear and convincing evidence that sealing is warranted, and sealed records remain available to criminal justice agencies, including for later prosecution and sentencing. Source: Minnesota Statutes 609A.03 Sealing is a separate question from firearm eligibility. See expunging an assault record.

Frequently asked questions about Minnesota domestic assault penalties

Is domestic assault a felony in Minnesota?

Without qualifying priors, domestic assault under section 609.2242 is a misdemeanor. It becomes a felony within ten years of the first of two or more qualifying convictions or adjudications. A first incident can also be charged as felony strangulation or felony assault. Source: Minnesota Statutes 609.2242

Is jail mandatory for a second domestic assault?

A gross misdemeanor domestic assault carries a 20-day minimum, with 96 hours consecutive, but the court can stay it on counseling and other conditions. A violation found at a revocation hearing requires execution of the sentence. Source: Minnesota Statutes 609.2243

How long can probation last for domestic assault?

Up to two years for a misdemeanor or gross misdemeanor, and up to five years for a felony, with possible extensions for unpaid restitution or incomplete treatment. Source: Minnesota Statutes 609.135, subdivision 2

When can I possess a firearm again after a domestic assault conviction?

After a misdemeanor or gross misdemeanor, three years from conviction with no other domestic or fifth degree assault conviction in that time, unless a longer ban or another prohibition applies. A felony conviction brings a lifetime ban unless a court restores eligibility. Source: Minnesota Statutes 624.713

Can I contact the alleged victim if they want contact?

Not while an order or release condition bars it. The protected person cannot waive the order; only the court can modify it, so ask counsel about a motion. Source: Minnesota Statutes 629.75

Talk with Martine Law about a domestic assault charge

A domestic assault case can bring jail exposure, a no-contact order, firearm restrictions and a record that enhances future charges. Martine Law PLLC defends domestic assault, strangulation and DANCO cases across Minnesota. See our Minneapolis domestic violence lawyer, domestic violence defense and assault defense pages. Contact Martine Law PLLC online. Phones are answered 24/7. Call 612-294-0650 to request a free consultation.

This article is general information about Minnesota law and is not legal advice for any specific situation.