If you’ve been charged with misdemeanor domestic assault in Minnesota, you probably have a lot of questions—starting with what kind of penalty you might face. The short answer? It depends. While the law sets maximum penalties, how your case is handled can vary significantly depending on where you’re charged, the prosecutor involved, and whether you have an experienced Minneapolis assault attorney on your side.
The Basics of a Misdemeanor Domestic Assault Charge
In Minnesota, a misdemeanor domestic assault charge carries a maximum sentence of 90 days in jail, a $1,000 fine, or both. But just because those are the statutory limits doesn’t mean you’ll automatically face the maximum. In fact, in many cases—especially for first-time offenders—there are ways to avoid a conviction altogether.
An important aspact of an MN misdemeanor domestic assault charge is where the alleged incident occurred. In Minnesota, misdemeanor cases are handled at the city level, not by county prosecutors. So if you’re charged in Minneapolis, your case will be prosecuted by the Minneapolis City Attorney’s Office. But in cities like Plymouth or Burnsville, the city may contract with a private firm or the county attorney’s office to handle misdemeanor prosecution. This matters because each office—and each prosecutor—handles these cases differently.
Why Location Matters
Some jurisdictions are more likely to impose jail time than others, even for a first offense. In other cities, especially with the right legal strategy, you might avoid jail time altogether and work toward a resolution that doesn’t leave a conviction on your record.
But here’s the thing: a conviction for domestic assault comes with more than just the possibility of jail or a fine. The long-term consequences can be serious. You could face:
- Trouble finding or keeping a job
- Difficulty in family court, especially in custody disputes
- The loss of your right to own or possess a firearm
That’s why it’s so important to understand your options—and to have someone fighting for the best possible outcome.
Alternatives to a Conviction
Not every domestic assault case ends in a conviction. In fact, there are several ways to resolve your case that keep a criminal conviction off your record. These include:
1. Continuance for a Dismissal
This is an agreement between you and the prosecutor to “pause” the case. You’ll agree to meet certain conditions—like completing a class or doing community service—and if you stay out of trouble for a set period, the case gets dismissed. No admission of guilt. No trial. Just a clean record at the end of it.
2. Stay of Adjudication
In this option, you technically plead guilty—but the judge doesn’t accept the plea. Instead, you’re placed on probation. If you complete it successfully, the case is dismissed. While there is a court record of your plea, it’s not a conviction and is often easy to expunge. In Hennepin County, this process is typically automatic, but I often help clients expedite it.
3. Diversion Programs
If the court believes there’s a strong chance you’d be convicted, but there’s a diversion program available, you may be eligible to complete that program in exchange for dismissal. These programs are often faster and involve fewer conditions than other options. However, you need a prosecutor who’s willing to agree—and that’s where having a skilled Minneapolis assault lawyer makes a big difference.
4. Vacate and Dismiss Agreements
Sometimes a case ends with a conviction that later gets wiped clean. In certain counties (like Hennepin), if your case results in a stay of imposition, the conviction can be automatically vacated and dismissed after probation. In other counties, this outcome must be negotiated explicitly in advance.
Why Your Lawyer Matters
Here’s the truth: prosecutors don’t always offer these outcomes upfront in misdemeanor domestic assault charge in Minnesota. Knowing the programs, knowing the prosecutors, and knowing how to present your case makes all the difference.
At Shek Law, I’ve worked with clients across Minneapolis, Dakota County, and beyond to resolve misdemenaor domestic assault charges without lasting damage to their lives or reputations. I understand what programs exist, how to get people into them, and how to frame the case so that prosecutors are more likely to agree.
For example:
- Minneapolis works with several education-based programs that can lead to dismissal.
- Dakota County uses the Early Domestic Intervention Program.
- Some statewide programs can be accessed regardless of where you’re charged—if the court approves and it’s presented the right way.
I make that process easier, and I fight for outcomes that keep your future intact.
Facing a misdemeanor domestic assault charge in Minnesota? Contact Shek Law today. Let’s talk about your options—and how we can protect your rights and your future.