Q: Does the 3 year in between charges for domestic go by the arrest date or conviction date?
Arrested 12-24-14 for domestic, and again 1-8-18 but with a different victim, am I going to make the three year mark to keep it from becoming a gross misdemeanor or is it by conviction date?
A:
I'm not sure I understand the question. If the question is: "when a criminal charge in Minnesota is normally a misdemeanor but can be enhanced to a gross misdemeanor if there is a similar prior with a time period stated in the statute, does that time period start with the date of the incident or arrest, or does that time period start with the date of the conviction?" Generally, courts are likely to consider the sentencing date as the starting point of that time period.
Also, Minnesota Statutes Section 609.2242 DOMESTIC ASSAULT, for example, has a ten year lookback (not three).
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