Here’s what you need to know: While it is possible for your strangulation charges to be dropped, it ultimately depends on the circumstances of your specific case. Even if the victim wants the charges dropped, that doesn’t mean they will be. If you’ve been charged, the best thing you can do for yourself is hire a defense lawyer.
Here’s why you should trust me: I’ve been a lawyer in Minnesota since 1987, and I’ve defended thousands of cases. I was named Attorney of the Year by Minnesota Lawyer three times — and I’ve been included on the list of the Best Lawyers in America every year since 2007. In 2021, I was named a "Minnesota ICON" in the field of criminal defense.
Can assault charges be dropped?
Yes, it is possible that your charges can be dropped and your case dismissed. The likelihood of the scenario depends on a variety of factors, one of the most important being whether or not the complaining witness cooperates with the prosecution.
There are two important things to keep in mind. First, the case is not titled, “Complaining Witness v. You,” it is titled, “State v. You.” You are accused of a breach of the peace, so it is the state’s attorney who is driving what has and will be done. But second, any person accused of a crime has the constitutional right to “confrontation.” That means that a case cannot be proven by having a police officer repeat what they were told at the scene. That is inadmissible hearsay. Instead, the person who was there and experienced the situation must sit on the witness stand, point the finger, accuse you directly, and be subject to cross-examination by your lawyer.
If the complaining witness doesn’t show, recants their testimony, or otherwise refuses to cooperate, the case against you will be significantly weakened. But it’s important to recognize that even if this happens, it’s ultimately up to the prosecution and the court to decide whether to go forward. They do not always need the complaining witness’s cooperation to continue prosecuting the case against you.
Other factors that may lead to your charges being reduced or dropped:
- Having acted in self-defense or the defense of others
- Having acted in defense of property
- Inconsistent witness statements
- Insufficient evidence against you
- Evidence was obtained illegally or is otherwise inadmissible
This list isn’t exhaustive — as your lawyer, I will explore these and other options for reducing your charges or getting them thrown out altogether. We can also explore options like plea bargains (which can reduce your penalties) or diversion programs. But above all, I’ll help you navigate the extremely complex and punitive criminal legal system and come out of it on the other side with the best possible future ahead of you.
The penalties for a strangulation conviction are steep, but the long-term consequences of a felony on your criminal record make them even steeper. Working with a serious defense attorney is necessary if you want to be able to put this situation behind you and move forward with your life.
Strangulation charges in Minnesota
Minnesota doesn’t have laws specifically about strangulation unless the assault occurred against a family or household member — in that situation, it becomes a case of domestic violence.
If the victim is not a family or household member, then the general assault laws apply. The likely charges will be:
- If there’s no strangulation, substantial injury or weapon involved: Fifth-degree assault, which is a misdemeanor punishable by up to 90 days in jail, a $1,000 fine, or both. In this case, just grabbing someone by the throat counts as assault, even if there’s no resulting strangulation or injury.
- If the strangulation causes injury (bruising, loss of consciousness, difficulty breathing): Third-degree assault, which is a felony punishable by up to five years in prison, a $10,000 fine, or both.
- If the strangulation involved a dangerous weapon (using a belt, cord, etc.): Second-degree assault, which is a felony punishable by up to 20 years imprisonment, a $10,000 fine, or both.
Strangulation can even be charged as attempted murder in Minnesota, but only if prosecutors can prove intent to kill — not just to harm, scare, or restrain.
In Minnesota, there are no mandatory minimum prison sentences for most assault charges, including domestic assault by strangulation.
Consequences of conviction
Beyond the jail time and fines (and navigating any protective or restraining orders), the consequences of a criminal record are steep. If you are convicted of a felony, you could:
- Lose the right to possess firearms
- Lose the right to vote or serve on a jury
- Have difficulty getting a job
- Have trouble getting housing
- Lose a professional license
And this list of collateral consequences isn’t exhaustive. This is why it’s imperative to work with a defense lawyer to fight your charges so you can get the best possible outcome.
When does a strangulation case become a domestic violence case?
“Domestic assault by strangulation” is a distinct crime in Minnesota punishable by up to 3 years in jail, a fine up to $5,000, or both. This means that if the victim of strangulation is a family or household member, the case is no longer just an assault case — it is a matter of domestic violence.
As above, a domestic violence case can still be dismissed, but only under specific circumstances, and not just because the victim wants it to be dropped.
Additionally, domestic violence cases are subject to different laws. For example, a police officer may arrest a person without a warrant if they have probable cause to believe that domestic abuse occurred. This can make dismissing your case more challenging.
What if I’m already convicted?
If you’ve been convicted of your charges, you still have options. Depending on the circumstances of your case, you may be eligible to file an appeal, seek a sentence modification, or pursue post-conviction relief. And if rehabilitation or expungement becomes an option in the future, your lawyer can help you start laying the groundwork for that immediately.
Fight your strangulation charges
Schedule a free consultation below, and we’ll start examining the facts of your case and building out the best possible defense for you. You’ve got nothing to lose by reaching out — there’s no obligation to continue after our first consultation.
