QUESTION

Domestic, can i be charged with a felony for self defense against my wife?

Asked on May 15th, 2011 on Criminal Law - Minnesota
More details to this question:
Married for 25 years never a domestic issue. for the past 9 years my wife has battled prescription drug/alcohol abuse 1 year ago i intervened and started her on recovery. since then she has overdosed numerous times and is currently under court order for commitment and is in a in patient facility roughly 4 weeks ago i picked her up from a sober house where she was living to bring her home for the day and an argument started she wanted to return to the sober house on the way it turned violent she started punching and slapping me while driving 60mph in self defense to stay on the road i accidentally broke her nose, in court she said it was her fault and what i did was in self defense but now that i want a divorce she says she is going to file criminal charges against me. can this happen and what can i do? I have been the sole parent of our 4 children for the past 9 years and she says she wants me to go to prison for this. can that happen??
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1 ANSWER

Assault and Battery Attorney serving Woodbury, MN at Conard Nelson Schaffer
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Mr. Gilman, You can be charged, if she reports the matter to the police, and if the County Attorney decides to file charges.  Being charged does not mean that you will be convicted however.  The charge, or complaint, is just the first step in a long process.  Of course, in Minnesota, self defense is a complete defense.  You have the right to use reasonable force to prevent injury to yourself, which would surely have happened if you lost control of your car.  Even though most people agree that one should never hit a woman, the law allows self defense under the circumstances you describe.  The law is gender neutral. The only difficulty in this situation is that self defense is a fact intensive defense.  This usually means that the case will go to trial, or be litigated right up to the verge of trial.  You will need to hire experienced trial counsel to help prepare and present your defense.  I have had several domestic assault cases which were dismissed on the eve of trial when the prosecutor became convinced that we were prepared to fight the case, and when we provided evidence documenting the history of the relationship between the client and alleged victim. Do not discuss the case with anyone other than counsel, and try to avoid making it part of the divorce proceeding.  Best of Luck.
Answered on Aug 30th, 2011 at 5:16 PM

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