When people think about domestic assault, they often imagine a victim who has suffered physical injuries, such as bruising, a scratch, or a cut. What if there aren’t physical injuries? Can you face domestic assault charges even if you did not cause bodily harm to a family or household member? The answer is yes.
What Legally Constitutes Domestic Assault
Under Minnesota law, a person commits domestic assault when they commit an assault against a family or household member. Minnesota defines an assault as:
- Committing an act with the intent to cause fear in another of immediate bodily harm or death
- Intentionally inflicting or attempting to inflict bodily harm
Bodily harm is defined as physical pain or injury, illness, or any impairment of physical condition.
Minnesota defines a “family or household member” as:
- Spouses and former spouses
- Parents
- Children
- Individuals related by blood
- Individuals residing together or who have resided together in the past
- Individuals who have a child in common
- A man or woman, when the woman is pregnant and the man is alleged to be the father
- Individuals involved in a significant romantic or sexual relationship
Under these definitions, domestic assault can occur if the perpetrator does an act with the intent to cause fear in a family or household member of imminent injury or death. As such, an incident does not necessarily have to result in physical injuries (or bodily harm) to the alleged victim for it to be considered domestic assault in Minnesota.
Examples of Domestic Assault Without Physical Injury
Below are some examples of acts that may result in domestic assault charges, even though an alleged victim does not sustain physical injury:
- Threatening to strike, push, kick, or choke
- Brandishing or threatening to use a weapon, such as a firearm, knife, or club
- Engaging in verbal abuse accompanied by threats of harm (demeaning or humiliating an individual immediately followed by threatening to injure the individual; e.g., “You’re so stupid I should kick your ass”)
- Balling up your fists and loudly telling the person that you’re going to hit them
- Coming at a person in a rage with your arms flailing but you never touch the person
When assessing whether a person’s behavior rises to the level of domestic assault (despite the alleged victim suffering no physical injuries), police and prosecutors will examine the context of the person’s actions, evidence of their ability to carry out any threats, and the reasonable fear experienced by the victim. Examples of evidence that police and prosecutors may use in domestic assault cases involving no physical injuries:
- 911 calls from alleged victims or witnesses
- Witness statements
- Text messages, emails, or social media posts
- Voicemails
- Police bodycam footage
- Physical evidence, such as weapons possessed by the suspect or defendant
Legal Consequences
A conviction for domestic assault in Minnesota can lead to serious consequences. In Minnesota, domestic assault is a misdemeanor offense which carries a penalty of up to 90 days in jail, a fine of up to $1,000, or both. A second charge of domestic assault within ten years of a conviction for a domestic violence-related is a gross misdemeanor, which carries a penalty of up to 364 days in jail, a fine of up to $3,000, or both. A charge for domestic abuse within ten years of the first of two or more convictions for a domestic violence-related offense can lead to a felony charge with a penalty of up to five years in prison, a fine of up to $10,000, or both.