Our Blog

What are Some Defenses to Domestic Violence Charges in Minnesota?

Sep 04, 2024

Being accused of domestic violence in Minnesota is an extremely serious matter. If you are convicted, you could face harsh consequences that can affect your personal and professional life for decades. You could lose your job, your home, and even access to your children. Fortunately, legal defenses may be available.

For this reason, if you are facing domestic violence charges, you need an experienced attorney who can provide the guidance and defense representation you need. Contact the Wolfgram Law Firm today to schedule a free case evaluation with a Minnesota criminal defense lawyer.

Domestic Violence Cases Can Be Messy

When people in an intimate relationship get into a dispute, it can be messy. Often, it’s unclear who the aggressor was in a given situation or even if the dispute has risen to the level of a criminal matter. Domestic violence cases can involve:

  • Spouses and former spouses
  • People who live together or have lived together in the past
  • Parents and their children
  • People who are involved in a sexual or romantic relationship
  • People who are related
  • People who have a child together, regardless of their personal relationship

Many Minnesota law enforcement agencies have policies requiring responding officers to make an arrest of at least one party when there are allegations of domestic abuse. This means that the police often arrest the person against whom the accusations are leveled without truly conducting a thorough investigation. For this reason, individuals may find themselves accused of domestic violence even if they believe their actions were justified or that they are innocent of the charges.

Common Defenses in Domestic Violence Cases

When facing domestic violence charges in Minnesota, you must understand the common defenses that may be available. These defenses include:

Self-Defense

If you acted in self-defense to protect yourself from harm, you may argue that you had a reasonable belief that you were in imminent danger of physical harm. You must prove that your actions were necessary and proportional to the threat you faced.

Lack of Intent

In some cases, you can argue that your actions were accidental or unintentional. For example, if you knocked over a household item during an argument and it caused injury, you could argue that it was not intentional harm.

False Accusations

It is common for false accusations to be made in domestic violence cases. People may use allegations of domestic violence as a means of revenge or leverage in other legal matters, such as child custody disputes. Your attorney can help gather evidence to disprove these false accusations.

Insufficient Evidence

The prosecution has the burden of proving the charges against you beyond a reasonable doubt. If the evidence is weak or inconsistent, your attorney can challenge the credibility and reliability of the evidence presented. This is often a possibility if the victim decides not to testify as part of the case.

Minneapolis Domestic Violence Lawyer

Constitutional Violations

The police may have violated your rights when they investigated your domestic violence case or arrested you. If they did, you may be able to have the evidence they gathered thrown out, which can lead to your case being dismissed entirely.

For example, if the police continued questioning you after you invoked your Miranda rights,  it likely violated your Fifth Amendment right to remain silent and Sixth Amendment right to counsel. A court will likely deem anything you said to officers after you invoked your rights inadmissible in court.

How We Can Help

Facing domestic violence charges in Minnesota can be stressful, and the consequences can be severe. A conviction can lead to jail time, fines, mandatory counseling, restraining orders, and a damaged reputation that can impact various aspects of your life, including your employment and personal relationships. You need a skilled and experienced Minnesota criminal defense attorney handling your case to protect your rights and ensure the best possible outcome.

An attorney from the Wolfgram Law Firm can provide you with the defense representation you need. With a history of successful outcomes, including wins before judges, juries, and the court of appeals, we have the knowledge and skill to defend against domestic violence charges. We will fight tirelessly to ensure you receive the best possible outcome.

Contact Us Today to Speak with a Minnesota Criminal Defense Lawyer

Don’t face domestic violence charges by yourself. Call the Wolfgram Law Firm today at 612-584-3675 or contact us online for legal assistance in building a robust defense strategy designed to bring your case to the best resolution possible. Your freedom and future are too important to leave to chance.

Recent Posts

Categories

Archives

Our Reviews

4.7

22 Google Reviews

Client
Testimonials