Domestic Criminal Charges Domestic Assault, Felony Assault, Other Crimes Alleged to be Domestic-Related
Minneapolis Criminal Lawyer Thomas Gallagher This page provides information about the services offered by Minneapolis Domestic Assault Attorney Thomas C Gallagher, of GALLAGHER CRIMINAL DEFENSE SERVICES; as well as information about Minnesota domestic assault and other domestic relationship-based criminal charges, and defenses (including Minnesota self-defense law). Gallagher has been working as one of Minnesota's domestic assault lawyers for over 24 years. In addition to criminal defense legal training and experience, Gallagher has education and experience that help him be effective as a domestic assault attorney, including education in Psychology, study of family violence issues, and experience as Respondent's counsel in mental health court (chemical dependency and mental illness issues).
Thomas Gallagher, Minneapolis Domestic Assault Lawyer 612-333-1500
What makes domestic violence crimes "domestic?" Most, if not all, "domestic" crimes are variations of crimes which include a "domestic" relationship between the accused and the prosecutor's victim. The types of relationships that qualify as "domestic" are defined by statute in an overly broad way - for example, two male college roommates fighting over a girl were charged with "domestic assault" based on being roommates, in one of Gallagher's cases!
Misdemeanor domestic assault is often also charged as 5th degree domestic assault (which does not include a relationship element). Domestic violence charges include not only domestic assault charges, but also every degree of felony assault, misdemeanor assault (gross misdemeanor and simple misdemeanor assault), "terroristic threats," interference with an emergency call (interference with a 911 call), criminal sexual conduct, child neglect, child endangerment, child abuse, stalking and harassment crimes, violation of an Order for Protection (OFP), or violation of a Harassment Restraining Order (HRO).
False Reports: Another common fact pattern in these cases is the defendant is falsely accused of conduct that never happened at all, motivated by the accuser's strong emotions at the time of the police report, influenced by the relationship history.
Fifth Amendment Privilege: In some cases, what was really a mutual assault can get both parties charged with a crime, or sometimes only one. In this situation, an effective defense can often involve getting both parties their own witness attorney, to checkmate the prosecution. All the other defenses can be available as well.
These are serious cases, with severe consequences - not only potentially for the accused (if convicted) but also for all the people close to the accused, who depend upon him or her. They will all be severely damaged as a result of a successful prosecution of one of these charges (and the resulting reduction in annual income, reduced child support, etc.).
The most important thing you can do to protect yourself and your family from these damaging consequences of prosecution is to retain the best criminal defense attorney possible. With over 21 years experience winning cases involving domestic violence charges, Thomas Gallagher is in a position to provide his clients with the best possible defense in every case he handles. Gallagher works on his clients cases personally. He does not hand them off to an Associate, after you hire him to handle your case. You get the real deal.
As you can see elsewhere on this website, Thomas Gallagher has been rated one of the top 5% of criminal defense lawyers in Minnesota, by several different organizations utilizing peer reviews as well as blue ribbon panels. Put his experience to work for you. You can win. And Gallagher can help make sure that happens.
Domestic-related criminal charges are some of the most serious, and potentially unreliable claims made in the courts today. They have the highest rate of dismissal of any type of criminal case.
"Eternal vigilance is the price of liberty - power is ever stealing from the many to the few." - Wendell Phillips
"Hell hath no fury like a woman or man scorned?" Is there truth in that ancient wisdom? Sometimes hatred, revenge, "sour grapes," as well as anger and control issues can cause a person to turn against their loved one, and make a false claim against them. Sometimes this is done in a moment of strong emotion, as in a 911 call or an initial report to responding police officers, to be regretted and repudiated later. Other times it is planned, coldly and rationally, as part of a strategy to "beat" the former loved one - for example, where there is a divorce or child custody battle planned or pending in court.
Though the laws used to require corroboration of such claims, these requirements to charging were largely eliminated by politicians eager to show how "tough" they could be. The predictable result is that the rate of false convictions has increased, as well as the rate of failed prosecutions. Unfortunately it also means that individuals and their families who are put through this excruciating legal process, are the ones who suffer the most.
Even where the complainant (prosecutor's "victim") begs and pleads with the prosecuting attorney to drop the charges against their loved one, either because the initial report to police was untrue, misunderstood or simply because the complainant does not want their loved one prosecuted - typically the prosecuting attorneys ignore these pleas.
Wendell Phillips, Abolishonist
This, despite the fact that there is a "victim's rights" statute in Minnesota requiring prosecuting attorneys to listen to "victim's" desired outcomes. Often, complainants (prosecutor's victims) end up going to defense lawyers like Gallagher for help, and a voice in the legal process - either as defendant's counsel or as the witness attorney.
How is it that taking power away from "victims" of alleged abuse helps to empower them to control their own lives? Is the Government an "Abuser" - making their "victim" powerless, teaching them powerlessness? Is this really a situation of government paternalism, "Big Brother," taking over and controlling the lives of putative "victims" against their will, against their wishes, and against their interests? In many instances, it is.
A person can be convicted of a domestic-related crime based solely on the uncorroborated claims of a single witness, one with an axe to grind, an agenda. This is one reason it is so important to have the best defense possible in the circumstances.
Consequences of a Conviction The consequences of a conviction can be both severe and far reaching. Beyond the well known consequences of incarceration in jail or prison, for the vast majority of cases involving people accused for the first time a lifelong criminal record will have severe consequences. Just being arrested and accused of a crime is damaging. Pleading guilty or being convicted are much worse. This can result in:
• Reduction in annual income earning potential, for life; lost job opportunites (individual and family); reduced child support • Professional and occupational license loss, or ineligibility • Increase in health and other insurance premiums • Damage to credit report and rating • Deportation or Removal from the United States (of non-citizens, including "Permanent Residents") • Gun and firearms civil rights loss • Public criminal record Gallagher has been defending people and thier families from domestic-related criminal charges (claims) for over 21 years, including: • Domestic Assault claims, including Assault First, Second, Third, Fourth and Fifth Degree charges. • Violation of an Order for Protection (OFP) claims • "Terroristic threats" claims • Kidnapping and false imprisonment claims. • Felony strangulation assault claims • Murder claims • Interfering with a 911 Call, interfering with an emergency call, claims • Child Abuse or Neglect claims • Malicious Punishment of a Child • Aggravated Assault claims • Minnesota Criminal Sexual Conduct
Tom Gallagher has been successfully defending people from domestic-related criminal charges for over 24 years. Give him a call to make an appointment to discuss your criminal matter, up to one hour freeconsultation. 612-333-1500.
Serving The People of the local Mpls - St PaulTwin Cities metropolitan area in Hennepin County, Ramsey County, Anoka, Sherburne, Wright, Carver, Scott, Dakota, and Washington Counties (greater Minnesota only upon special consideration).