Felony Assault by Strangulation

Twin Cities Area Assault by Strangulation Lawyer

Domestic assault charges always are taken seriously. However, if there is an indication someone choked or strangled another person during a domestic violence altercation, the charges become more severe. In Minnesota, this could mean felony assault by strangulation charges.

This domestic abuse charge automatically would be considered a felony offense, no matter the criminal history of the alleged offender. This could mean a lengthy prison sentence, expensive fines and the label of a convicted felon. No matter the situation, a skilled domestic abuse defense lawyer can help you defend yourself.

Apple Valley Domestic Abuse by Strangulation Defense Attorney

Former prosecutor James Blumberg is an experienced Apple Valley felony assault by strangulation defense lawyer who can help those charged with the offense protect their futures.  This can be a difficult situation for a person, and the legal team at James Blumberg Law can handle it discretely and with the utmost importance.

James understands the sensitivity of your charges you face and can work with you to decide your best option for fighting them. James Blumberg Law represents clients throughout Dakota County, including Burnsville, Eagan, Mendota Heights, Hastings, Inver Grove Heights, Lakeville and Rosemount, as well as anywhere in the Twin Cities region.

Info About Assault by Strangulation in Minnesota

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Domestic Assault by Strangulation Charges

Domestic battery by strangulation occurs when a person intentionally impedes the normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of a family member or household member, according to Minnesota Statute 609.2247. This could be done with a person’s hands or by using some sort of object.

The law is specific about who could qualify as a family member or household member. This could include current or former spouses, parents and children, people related by blood, people living together, people who share a child or those in a romantic or sexual relationship.

It often can be difficult to prove these cases. In most instances, marks or scratches on a person’s neck are the main source of evidence. Other times there can be witnesses. These cases often can become the word of the victim against the word of the alleged abuser. 

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Penalties for Felony Assault by Strangulation

Whoever assaults a family or household member by strangulation is guilty of a felony, according to Minnesota Statute 609.2247. This could be punishable by up to three years in prison, up to $5,000 in fines or both.

In addition, if a person is convicted, he or she could have an ex parte or protective order placed against them. These orders would restrict the person from contacting the alleged victim, committing an act of domestic violence and could even have him or her removed from a home shared with the victim.

A conviction also could mean having a criminal record. This could have a significant impact on the social and professional aspects of a person’s life. If a person commits a subsequent domestic violence offense, he or she could face more severe charges because of the previous conviction.

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No Contact Order after Domestic Violence Allegations

After allegations of domestic violence, the criminal court can issue a no contact order. According to Minnesota Statute 629.75, a domestic abuse no contact order may be issued as a pretrial order before final disposition of the underlying criminal case. It essentially would prevent the defendant from contacting the alleged victim.

If a person violates a no contact order, he or she could face misdemeanor charges. If a person has a domestic violence conviction within the past 10 years and he or she violates the order, it could be gross misdemeanor charges. This could include at least 10 days in jail, along with mandatory counseling.

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James Blumberg Law – A Felony Assault by Strangulation Defense Lawyer in Dakota County

After allegations of domestic violence, a person can worry about the future of his or her relationship as well as his or her freedom. Apple Valley domestic violence by strangulation defense lawyer James Blumberg can help ease the burden of criminal charges.  As a former prosecutor, he understands what it takes to challenge the prosecution and beat the charges. Call James Blumberg Law at (952) 431-7758 to schedule a free consultation.