Many times the burden of proof is on the petitioner to establish that the benefit to them having the record sealed is equal or greater to the disadvantage to the state having to seal the record and not have it available for public safety reasons. If you have been charged with or convicted of domestic assault, it may feel like your life is over. However, with the right legal team on your side, you may be able to get a domestic assault charge dismissed or a conviction expunged.
Unfortunately, the world can be a cruel place, and often we have seen cases of domestic violence where victims have had their Domestic assault is a serious offense and may be charged as a misdemeanor, gross misdemeanor, or felony. However, despite the If you are facing malicious punishment of a child charges, the future may seem riddled with uncertainty. These charges can be all The potential consequences of a domestic assault conviction in Minnesota include: Extensive incarceration, fines, and restitution Deportation from the U.
The factors that determine whether a domestic assault conviction can be expunged include: The state in which you live. Different states have different laws when it comes to expungement. In Minnesota, the expungement process takes five to six months, in general, and eligibility may depend on the nature and severity of the crime. The severity of the crime committed.
In Minnesota, only certain felony-level offenses are eligible to be fully expunged. Additionally, courts take into account the nature of severity of the underlying charge when determining if it will grant the expungement petition. Some states define assault as the intentional use of force or violence against another, such as punching a person or striking the victim with an object. In other states, any offensive touching—no matter how slight—will suffice.
A few states lump assault and battery into one crime, which is defined as a physical attack. Under this approach, an "attempted assault" is an act that intends to physically harm the victim but fails or falls short.
For example, swinging at someone but missing would be an attempted assault. In other states, assault does not involve actual physical contact and is defined as an attempt to commit a physical attack or as threatening actions that cause a person to feel afraid of impending violence.
In these states, when the attempt succeeds, the resulting crime is often battery. Under this approach, there is no such crime as an "attempted assault," because the assault itself is an attempt. Verbal threats. Verbal threats are usually not enough to constitute an assault for this second approach.
Some action, such as raising a fist or moving menacingly toward a victim, usually is required. In these states, threatening to hurt someone while walking toward him with a clenched, raised fist would constitute assault. Victim's fear. Furthermore, the victim's response must not only be genuine but reasonable under the circumstances. The test normally is whether the defendant's actions would cause a reasonable person to be in fear of an immediate physical attack.
In other words, the victim's response must be one that you'd expect from any reasonable person in the victim's position. Simple assault is the least serious form of assault and usually involves minor injury or a limited threat of violence. Aggravated assault involves circumstances that make the crime more serious, as when the victim is threatened with a weapon or experiences violence amounting to significantly more than a minor slap across the face or a punch in the jaw.
Your state might use levels of harm to distinguish simple from aggravated assault or misdemeanor from felony assault. Simple assault charges might apply if a person threatens or causes bodily harm or moderate bodily harm. Aggravated penalties typically apply when the crime results in serious, substantial, or great bodily harm or risk of death.
Bodily harm typically refers to physical pain or injury, whether or not visible. Serious or moderate harm may refer to more substantial yet temporary harm, such as a cut requiring stitches, significant bruising or swelling, or a sprain or broken bone. And great bodily harm tends to involve life-threatening injuries or permanent, serious injuries, such as injuries requiring surgery or resulting in a permanent limp or loss of a bodily function.
Depending on the state law, an assailant may face aggravated assault charges if they possessed a weapon and either threatened to use it or used it in the offense. In some states, assault with a deadly weapon is a separate, distinct crime and not included in the crime of aggravated assault. An object is a deadly weapon if it likely can cause death or great bodily harm. A gun and a large knife are, by definition, deadly weapons because they are inherently dangerous and even designed to cause injury.
Other objects, such as rocks, bricks, or even a boot can constitute a deadly weapon if the object is used in a manner likely to cause or threaten serious bodily injury or death.
Learn more about the laws and penalties associated with assault with a deadly weapon by reading our article Assault With a Deadly Weapon: Laws, Penalties, and Sentencing. If you were under 18 when convicted, the conviction is now spent and there is no information on adult offences, any criminal record information will go to an independent reviewer.
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