Q: why would one person have 609.2242(1) & 609.2242(2) listed. only the other only have 609.2242(2) what's the difference
If a couple both have charges can they retain the same attorney or should they each have their own.
A: Two types of misdemeanor domestic assault: intent to cause fear of immediate bodily harm and intentionally causing bodily harm. You and your wife will most likely need separate attorneys but as the defendant it is much more important for you to retain an attorney.
Jonathan Matthew Holson agrees with this answer
A: Co-defendants (two people charged with a crime in relation to the same event) must each have their own defense lawyer. There are many reasons for this including 1) conflict of interest; and 2) the advantage of two defense attorneys rather than one in the event of a joint defense agreement. If the two are charged with assaulting each other the prosecution is likely to have major problems, that I have been happy to take advantage of in similar past cases. As for the difference between Minn. Stat. Sec. 609.2242 subd. 1 vs subd. 2: Subdivision 2 is an enhanced, Gross Misdemeanor version based upon a claim of a prior "within ten years of a previous qualified domestic violence-related offense conviction." See <a href=https://gallagherdefense.com/2018/10/11/dismissal-of-felony-domestic-assault-charges-enhanced-based-upon-priors/>Dismissal of Felony Domestic Assault Charges, Enhanced Based upon Priors</a>
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