Domestic Violence

 

North Dakota law is designed to protect people from violence, but sometimes the line between acceptable and unacceptable behavior can be blurry. In any situation where you’re being charged with domestic violence or domestic assault, it’s important to know your rights and be aware of what happens next.

This article will tell you what you need to know if you find yourself facing a domestic violence charge in North Dakota.

Table of contents

 

  1. Domestic Violence In North Dakota

    1. Domestic Violence Penalties

  2. Defenses

Domestic Violence and Assault in North Dakota

Domestic violence and assault charges are serious allegations that carry long-lasting consequences, including the possibility of prison time and the loss of your freedom.

Sometimes, however, individuals are falsely accused of domestic violence by an angry spouse or ex-spouse looking to get back at them or get out of an unwanted marriage contract or divorce agreement. If this is the case, consult with an experienced criminal defense attorney immediately to discuss your legal options and protect your rights.

The term domestic violence can be confusing and misleading. It is commonly used to describe any kind of violent crime resulting in bodily injury committed by a family member or intimate partner against another family member or intimate partner. According to North Dakota law, this includes:

  • spouses

  • family members

  • former spouses

  • parents

  • children

  • persons related by blood or marriage

  • individuals who are dating

  • those who reside together or who have resided together in the past

  • individuals who have a child in common regardless of whether they are or have been married or have lived together at any time

Domestic Violence Penalties

The penalties for domestic abuse or violence have a wide range under North Dakota law. The law states that the severity of the punishment depends on the amount of injury caused. There are three levels of injury according the law: bodily injury, substantial bodily injury, and serious bodily injury.

The North Dakota Century Code outlines the charges you could face depending on the facts of your case.

If it is your first domestic violence charge and you caused the minimum amount of bodily harm, you could face a Class B misdemeanor. This penalty is a maximum of 30 days in jail, a $1,500 fine, or both.

For those who have been convicted of one or more acts of domestic assault or violence and caused the minimum amount of bodily harm, you could face a Class A misdemeanor. This carries a maximum penalty of 360 days in jail, up to a $3,000 fine, or both.

In cases where substantial bodily injury was caused, you could face Class A misdemeanor, even if it is your first offense.

Similarly, if there was serious bodily injury, the maximum charge is a Class C felony. This carries a penalty of 5 years in prison and a fine of $10,000.

Finally, if the alleged victim is under 12 years old and there was substantial or serious bodily injury, you could face a Class B felony, resulting in 10 years in prison and a $20,000 fine.

Domestic Violence Defenses

Since assault is a crime that may result in either a felony or misdemeanor charge depending on the circumstances, it’s important to understand North Dakota law and how it may apply to your case. There are several types of assault charges, and every case differs depending on its facts.

Accident

One of the most important words in North Dakota’s domestic violence law is the term “willfully.”

To be found guilty of domestic violence in North Dakota, the state must prove that the accused set out to intentionally harm the other person and that the act was not accidental. Here, a seasoned criminal defense attorney can build a defense around the fact that the injury was caused by accident, thereby negating guilt.

Accuser’s Credibility

Attacking the accuser's credibility implies that the victim, or a witness, is lying and their story is false. In this way, an attorney attacks inconsistencies in testimony. By presenting contrary evidence, the attorney raises doubts.

Cases can be dismissed when you question the credibility of an accuser. As part of the credibility defense strategy, your attorney may research the victim's background or character. It could call into question their credibility and whether they are telling the truth about your actions.

Alibi

In an alibi defense, evidence can be presented that you were nowhere near the victim at the time of the domestic assault. As an example, there are witnesses at the movies who remember you, or co-workers at work who can verify your attendance.

In most cases, the location is unimportant. What’s important is that you can back up your claim that you were nowhere near the victim when the attack happened. You'll need to show proof of your presence, such as movie ticket stubs or coworkers who were witness to your presence.

Affirmative Defense

An affirmative defense acknowledges that you did commit the crime, but that your actions were not criminal. Consent and self-defense are two examples of affirmative defenses.

Consent

If both parties consented to an activity, it is not deemed unlawful or a crime. As an example, consider a boxing match between two people in which one person receives unanticipated injuries and attempts to label it an attack. Because both parties agreed to participate in the fight, neither may accuse the other of assault.

Consent is a tricky defense to use. The attorneys at Ringstrom DeKrey attorney will go over your alternatives and what’s required to pursue this defense.

Self-Defense

Self-defense is a popular defense strategy employed in assault situations. This defense seeks to demonstrate that the accused defended himself or herself against the accuser's actions. In this case, you must demonstrate that the accuser’s behavior caused your reaction, meaning your conduct was to protect yourself from harm.

This defense can also be used to defend your property or another person.

Finally, if the other party endangered your property, you are not guilty of assault. The property defense is commonly used when someone enters your home without permission and you must protect yourself.

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