Road Many Years Ago

Dismissal of Felony Domestic Assault Charges, Enhanced Based upon Priors

How we successfully moved for Dismissal of Felony Domestic Assault charges, enhanced based upon priors

The Complaint charged Felony Domestic Assault, enhanced to a felony level offense solely upon the allegation of two or more previous “qualified domestic violence-related offense convictions” within ten years. Minnesota Statutes §609.2242, Subd. 4.  Without two or more “qualified domestic violence-related offense convictions” the felony charge would have to be dismissed.  (Prior to jeopardy attaching, the prosecutor could recharge a domestic assault on the same factual claims, but at a lower level than a felony.)

Cigarette_smuggling_with_a_book-smMinneapolis Criminal Lawyer Thomas C. Gallagher reviewed the client’s prior conviction record and compared it to the statutory definition of “qualified domestic violence-related offense convictions” in Minn. Stat. §609.02, Subd. 16.  The client had been convicted of Violation of a DANCO, under Minn. Stat. §518.0 1, Subd. 22(d), but that offense was not one of those listed under the statutory definition of “qualified domestic violence-related offense convictions.”  The prosecutor had made a mistake and Gallagher caught it.

The prosecuting attorney remarked that the law had been changed several years ago, but this is the first time anyone had caught it and raised this as a defense.  A review of published cases confirmed this observation.  After a judge commented favorably prior to a contested hearing on Gallagher’s motion to dismiss, the prosecutor requested time to consider the motion, and later ending up dismissing five felony charges against Gallagher’s client prior to the contested hearing date.

A good criminal defense lawyer Doc5i B+Wmust be detail oriented and check everything the government does for mistakes, as part of a thorough and complete defense.

Questions?  You can call Minneapolis Criminal Lawyer Thomas Gallagher at 612 333-1500

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