Asked in Criminal Law and Domestic Violence for Minnesota

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.

2 Lawyer Answers
Luke Neuville
Luke Neuville
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

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

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

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 Dismissal of Felony Domestic Assault Charges, Enhanced Based upon Priors

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.