Many people assume that a domestic assault charge without visible injuries will be dropped because it seems weak. However, under Minnesota law, the state can still win.
Charges can be based not only on physical harm but also on the threat or fear of harm.
So what must you prove in court? Contact an attorney at Martine Law who can help.
How Domestic Assault Works Under Minnesota Law
Legal Basis: MN § 609.2242
According to Minnesota Statute § 609.2242, a “domestic assault” occurs when a person commits an assault against a family or household member. The statute recognizes two alternative bases for assault:
- An act intended to cause fear in another person of immediate bodily harm or death, or
- Intentionally inflicting or attempting to inflict bodily harm.
Therefore, a visible injury is not required. Even if the alleged victim shows no bruises, cuts, or medical signs, the state can rely on statements, behavior, or circumstances that suggest fear or threat.
Arrests and Charges Without Visible Injuries
In Minnesota, police can arrest someone for domestic assault based solely on the victim’s statements or the circumstances of the incident. Physical evidence of injury is not required.
Minnesota’s Domestic Violence laws define domestic assault as causing fear of imminent physical harm within domestic relationships.
Courts have recognized that fear of harm, even without physical action or injury, can meet the first element of the statute (the fear-based theory) when supported by facts.
For this reason, the state can proceed with domestic assault charges even without medical records of physical harm.
What the State Must Prove
To secure a conviction, the prosecution must prove each element beyond a reasonable doubt:
1. The defendant and the victim are family or household members
The statute broadly defines “family or household members” — including spouses, former spouses, children, people living together or sharing a child, and romantic partners.
2. The element of assault
This can be either:
- An intentional act that puts the victim in fear of immediate bodily harm or death, or
- Intentionally inflicting or attempting to inflict bodily harm.
3. Intent (Mental State)
The defendant must have had the required intent or knowledge for the type of assault (fear or harm). Accidental or ambiguous conduct is not enough.
4. Causation — the act must be sufficient to cause fear or harm
The act must be such that a reasonable person in the victim’s position would perceive a real threat. Courts consider statements, gestures, proximity, context, and prior history.
5. Credible evidence supporting the allegations
Since there are no visible injuries, the case may rely heavily on:
- The victim’s statements (to police, in court, etc.),
- Witness testimony,
- Other evidence such as texts, recordings, videos, or prior history,
- Consistency, demeanor, and credibility.
If the state fails to prove any of these elements, you could obtain an acquittal or dismissal.
Possible Penalties and Consequences (Even Without Visible Injuries)
Even a domestic assault charge without injuries can have serious consequences:
- Misdemeanor: Up to 90 days in jail and/or a $1,000 fine for a first offense.
- Gross misdemeanor: Up to 364 days in jail and a $3,000 fine if there is a prior domestic violence-related offense within 10 years.
- Felony: Up to 5 years in prison and a $10,000 fine if there are multiple prior convictions or aggravating factors (such as strangulation, serious harm, or use of a weapon).
Additional consequences may include:
- Protective or restraining orders (OFP or DANCO) limiting contact, residence, or custody.
- Loss of firearm rights, even for misdemeanor convictions.
- Impacts on child custody, employment, housing, immigration, and reputation.
Even without visible injury, fear or threat alone can result in severe legal consequences.
What to Do If You Are Accused (or Expect to Be)
Cases without visible injuries rely heavily on statements, credibility, and procedure — which makes it crucial to act quickly.
Hire an experienced criminal defense attorney
The sooner your attorney intervenes, the better your chances of challenging weak evidence and protecting your rights.
Preserve and gather evidence:
- Text messages, emails, or social media communications with the alleged victim.
- Recordings (if legal), videos, or audio.
- Witnesses or anyone present during the incident.
- Communication history or relationship context.
- Police reports, bodycam or dashcam footage.
Identify inconsistencies or credibility issues
Your attorney should examine statements, timelines, motives, and contradictions.
Challenge the “fear” element
Show that the act was not objectively threatening or that no reasonable person would have felt fear.
File procedural challenges
- Was there probable cause for arrest?
- Was the evidence obtained legally (Miranda, searches, seizures)?
- File motions to suppress inadmissible statements or evidence.
Seek negotiation or alternative resolution
If the state’s case is weak, your attorney may pursue charge reduction, diversion, or dismissal.
Comply with court orders
If there’s a no-contact order or protection order, follow it strictly — violating it can make things worse.
Can the State Always Win Without Physical Evidence?
Not necessarily. The absence of injuries makes the state’s case more difficult. A conviction depends on:
- The strength and credibility of statements,
- Supporting evidence of threat or context,
- Whether the facts show that a reasonable person would have felt fear,
- The defense strategy to highlight weaknesses,
- Procedural protections and defense motions.
If your attorney can raise reasonable doubt about whether a real threat existed, the court may dismiss the charges or find you not guilty.
Legal Takeaways
In Minnesota, prosecutors can pursue domestic assault charges without visible injuries if there is credible evidence of threat or fear.
However:
- The state must prove every element beyond a reasonable doubt.
- The lack of physical evidence makes the case harder to prove.
- A strong, fast defense is essential.
Martine Law has extensive experience defending domestic violence cases in Minnesota. We will review your case, evaluate the evidence, and build a defense strategy tailored to your situation.
If you’re facing a domestic assault accusation in Minnesota — even without visible injuries — don’t wait. Contact Martine Law for a confidential consultation and start protecting your rights today.