Infliction of Bodily Harm
Domestic assault can be committed in one of two ways; one of which is by inflicting bodily harm. For the assault to be domestic, the alleged victim must have been a household or family member. Such individuals can range from a spouse to roommates.
Causing bodily harm to a family or household member is typically a misdemeanor in the North Star State, but that doesn’t mean the charge should not be taken seriously. While some individuals may have been sentenced to a fine, a judge may decide to make an example out of you and sentence you to the maximum.
Domestic Violence Defense Attorney in Apple Valley
Every household has its own dynamic only those involved understand. Police may be quick to take normal behavior within your home out of context and arrest you for domestic assault. Not only this, but an estranged spouse or relative may make false allegations against you. Either situation is frustrating and can result in conviction if you do not retain proper legal counsel.
James Blumberg is a relentless criminal defense attorney who will stop at nothing to clear your name. Call (952) 431-7758 to schedule a time to speak with him. James Blumberg Law is based in Dakota County but we also serve Anoka County, Carver County and Hennepin County.
- Domestic Assault vs. Assault
- Minnesota Definition of Bodily Harm
- How is Infliction of Bodily Harm Charged in Minnesota?
- Additional Resources
Domestic Assault vs. Assault
Domestic assault by infliction of bodily harm and standard assault are similar offenses. Both have the same legal definition, which can be met in one of two ways, including:
- Committing an act with the intent to cause fear of immediate bodily harm or death; or
- Intentionally inflicting or attempting to inflict bodily harm
The alleged victim is the sole factor setting the two offenses apart. According to the Minnesota Statutes, whoever commits either of the acts mentioned above against a family or household member is guilty of domestic assault. Listed below are examples of family and household members:
- A current or former spouse
- Individuals related by blood
- Individuals who currently live together
- Individuals who have lived together
- Individuals who share a child
- Individuals involved in a sexual or romantic relationship
Minnesota Definition of Bodily Harm
To obtain conviction for domestic assault through infliction of bodily harm, prosecutors will have to prove you inflicted or intended to cause bodily harm to a family or household member. Bodily harm is considered the lowest level of harm in the eyes of the law. According to the statutes, bodily harm means any physical pain, injury, illness or impairment of physical conditions.
Any level of pain can be considered bodily harm, no matter how minor. A punch to the arm with no bruising may even qualify as such. Because of this broad definition, it’s vital you speak with a criminal defense attorney if you’ve been arrested or charged for domestic assault. An attorney can file motions, suppress evidence and do whatever else necessary to achieve the best possible outcome for you.
How is Infliction of Bodily Harm Charged in Minnesota?
Domestic assault is charged the same regardless if you inflicted bodily harm or threatened to do so. Domestic assault by bodily harm is the lowest level domestic assault charge in Minnesota. That being said, the charge is not something that should be swept under the rug. The North Star State takes a hard stance against domestic violence, so legal counsel is imperative.
Inflicting bodily harm against a family or household member is considered fifth-degree assault, which is classified as a misdemeanor. A misdemeanor is punishable by the following in Minnesota:
- No more than 90 days behind bars; or
- A fine of up to $1,000; or
- Both a fine and incarceration
Every crime has the potential to be reclassified, and fifth degree assault is no exception. Assault in the fifth degree will be reclassified to a gross misdemeanor if this is your second conviction within 10 years of a previous domestic assault conviction.
A gross misdemeanor is punishable by the following:
- Up to three years behind bars; or
- A fine of up to $3,000; or
- Both a fine and time behind bars.
The offense can be reclassified even further. You will be charged with a felony if this is your third domestic violence-related conviction in ten years. When this is the case, you could be sentenced to up to five years behind bars, a fine of up to $10,000 or both a fine and incarceration.
Domestic Assault | Minnesota Statutes – It’s advised you read the section of the statutes governing domestic assault if you’ve been charged with the offense. You can read the legal definition of the offense and find out what may happen if a weapon was used or in your possession. The statute can be read on the Minnesota Legislature website.
Assault Definitions | Minnesota Statutes – Visit the Minnesota Legislature website to read definitions of terms used in the assault statutes. You can find out what sets bodily harm apart from substantial bodily harm and great bodily harm and find a list of domestic violence offenses.
Domestic Violence Defense Lawyer in Apple Valley
Were you falsely accused of domestic assault? Were the police unwilling to listen to your side of the story? If so, contact James Blumberg Law immediately. James Blumberg is a tenacious criminal defense attorney who will work tirelessly to clear your name. Take advantage of our free case consultations and call (952) 431-7758.
Some of the areas we serve include Apple Valley, Minneapolis, Ham Lake and Chaska.