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Domestic assault is the intentional infliction of bodily harm, or the attempt to cause bodily harm, on a family or household member. Domestic assault can also occur if you intended to cause fear in a family or household member of immediate bodily harm or death. “Family or household member” includes your spouse, former spouse, parent, child, anyone related by blood, anyone you live with or lived with in the past, anyone you share a child with, anyone you are pregnant with, and anyone you’re involved in a significant romantic or sexual relationship with. You can be charged with domestic assault without ever physically harming anyone.

Domestic assault charges typically result in what is called a domestic abuse no contact order, otherwise known as a DANCO. A DANCO is a court order that prohibits any form of contact between you and the alleged victim. You can be criminally charged for violating a DANCO.

Depending on the circumstances, DANCO violations or domestic assault charges may be a felony, gross misdemeanor, or misdemeanor offense.

If you have been charged with or are under investigation for domestic assault or a DANCO violation, the attorneys at Valentini law are here to help. Contact us at (612) 341-0900 to secure experienced and professional representation for your case.

Misdemeanor Domestic Assault

Your first domestic assault charge will be a misdemeanor offense, so long as there was no strangulation involved. You may also be charged with misdemeanor domestic assault if you have a previous misdemeanor assault conviction that was entered more than 10 years ago. If you are charged with misdemeanor domestic assault, the penalties include up to 90 days in jail and/or a $1,000 fine.

Gross Misdemeanor Domestic Assault

Gross misdemeanor assault occurs if you have been convicted of misdemeanor assault within the past 10 years. If you are charged with gross misdemeanor domestic assault, the penalties include up to 364 days in jail and/or a $3,000 fine.

Felony Domestic Assault

Felony domestic assault occurs if you have two or more qualified domestic violence-related offense convictions within the past 10 years. “Qualified domestic violence-related offense” includes but is not limited to:

• domestic assault;
• DANCO violations;
• varying degrees of murder, manslaughter, and assault;
• varying degrees of criminal sexual conduct;
• malicious punishment of a child;
• first degree burglary;
• harassment or violation of a harassment restraining order;
• interference with emergency call; and
• other similar laws.

If you are charged with felony domestic assault, the penalties include up to 5 years in prison and/or a $10,000 fine.

Felony Domestic Assault – Strangulation

Even if it is your first domestic assault offense, you can be charged with felony domestic assault if the assault involved strangulation. “Strangulation” means the intentional obstruction of the alleged victim’s breathing by applying pressure to their throat or neck, or by blocking their nose or mouth. If you are charged with felony domestic assault involving strangulation, the penalties include up to 3 years in prison and/or a $5,000 fine.

Misdemeanor DANCO Violation

Your first DANCO violation will be a misdemeanor offense. You may also be charged with misdemeanor DANCO violation if you have a previous misdemeanor DANCO violation conviction that was entered more than 10 years ago. If you are charged with misdemeanor DANCO violation, the penalties include up to 90 days in jail and/or a $1,000 fine.

Gross Misdemeanor DANCO Violation

Gross misdemeanor DANCO violation occurs if you have been convicted of misdemeanor DANCO violation within the past 10 years. If you are charged with gross misdemeanor DANCO violation, the penalties include a minimum of 10 days in jail and mandatory counseling/programming. Penalties also include up to 364 days in jail and/or a $3,000 fine.

Felony DANCO Violation

Felony DANCO violation occurs if you have two or more previous qualified domestic violence-related offense convictions, or if you possessed a dangerous weapon when you violated the DANCO. If you are charged with felony DANCO violation, the penalties include a minimum of 30 days in jail and mandatory counseling/programming. Penalties also include up to 5 years in prison and/or a $10,000 fine.