Being charged with domestic assault in Minnesota is a serious matter with significant consequences. Whether it’s your first offense or a repeat accusation, a conviction can affect everything from your criminal record and job opportunities to your right to see your children or own a firearm.
This article breaks down Minnesota’s domestic assault laws, the potential penalties based on severity and prior offenses, and what you should do if you’re facing these charges.
What Is Considered Domestic Assault in Minnesota?
Under Minnesota Statutes § 609.2242, domestic assault occurs when a person intentionally causes or attempts to cause physical harm, or intentionally inflicts fear of immediate bodily harm or death, on a household or family member. These individuals may include:
- Spouses and former spouses
- Parents and children
- Blood relatives
- Individuals living together or who have lived together
- People with a child in common
- Current or former romantic or sexual partners
Importantly, actual physical injury is not required for a charge—just causing fear of harm can be enough.
First-Time Domestic Assault Charges: Misdemeanor
If it’s your first offense, domestic assault is typically charged as a misdemeanor, punishable by:
- Up to 90 days in jail
- A fine of up to $1,000
- Probation, counseling, and/or domestic abuse treatment programs
Additionally, you may be subject to a Domestic Abuse No Contact Order (DANCO), which could prevent you from seeing your partner or children while the case is pending.
Even if no conviction occurs, just being charged can create a public record and trigger family court consequences.
Repeat Offenses: Gross Misdemeanor and Felony Charges
If you’ve had prior qualified domestic violence-related convictions within the last 10 years, the charges escalate.
Second Offense (Within 10 Years)
- Charged as a gross misdemeanor
- Punishable by up to 1 year in jail
- Fines up to $3,000
- Extended probation and mandatory counseling
Third or Subsequent Offense (Within 10 Years)
- Charged as a felony
- Up to 5 years in prison
- Fines up to $10,000
- A permanent felony conviction on your record
Prior offenses include not just domestic assault, but also violations of protection orders, stalking, and other related charges.
Aggravating Factors That Increase Penalties
Certain circumstances can escalate the severity of a domestic assault charge, including:
- Use of a weapon
- Assault in front of a minor child
- Serious bodily injury to the victim
- Violation of a restraining or no-contact order
- Assault against a pregnant victim
In these cases, even a first offense can be charged as a felony with more severe penalties.
Collateral Consequences of a Domestic Assault Conviction
In addition to jail time and fines, a domestic assault conviction can result in:
- Loss of firearm rights (mandatory under federal law for domestic violence offenses)
- Child custody and visitation restrictions
- Difficulty securing employment or housing
- Immigration consequences for non-citizens
- A permanent criminal record
In many cases, courts may also require completion of a domestic abuse treatment program or anger management as part of probation or plea agreements.
What If the Alleged Victim Wants to Drop the Charges?
In Minnesota, the prosecutor—not the victim—controls whether charges proceed. Even if the alleged victim recants or wants the case dismissed, the state can and often does continue prosecution if it believes a crime was committed.
This is especially true in cases involving prior incidents or documented injuries.
What Are Your Legal Options?
If you’ve been charged with domestic assault in Minnesota, you still have rights. Common defense strategies include:
- False accusation: The alleged victim fabricated or exaggerated the incident.
- Self-defense: You were protecting yourself or someone else from harm.
- Lack of intent: You did not intend to cause harm or fear.
- Insufficient evidence: There is no clear or credible proof of the alleged assault.
Your attorney may also be able to negotiate reduced charges, secure pre-trial diversion, or even get the case dismissed if there are legal or procedural issues.
How Martine Law Can Help
At Martine Law, we represent clients facing domestic assault charges across Minnesota. Our experienced criminal defense attorneys:
- Investigate the incident thoroughly
- Protect your constitutional rights
- Work to get charges reduced or dismissed
- Help you avoid a permanent criminal record when possible
We understand that accusations don’t always reflect the full story—and we’re here to make sure your side is heard.
Contact us today for a confidential consultation.
Resources and Further Reading
Internal Links:
- Domestic Violence Lawyer – Martine Law
- Assault Defense in Minnesota
- Contact Our Criminal Defense Team