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RobertJDFL, Attorney
Category: Legal
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Experience:  Experienced in multiple areas of the law.
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What can be done to stop the charges from the state? My husband

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What can be done to stop the charges from the state? My husband and I got into an argument and a little physical fight.
Thank you for your question.

There is nothing you or your husband can do to stop the state. An individual, even if they are the victim of a crime, does not get to decide whether or not to file charges. That decision rests solely with the state, through the prosecutor's office.

Now, that said - they will review the report given to them by the police - if you as the "victim" refuse to cooperate, and there is no other evidence (e.g., no other witnesses), then the state may simply decide not to file on the matter. I will say that happens many times in cases of domestic disputes. Understand the state does not need your cooperation to move forward -but often what happens is there is no other evidence, it was an argument between spouses, and because the "victim" doesn't wish to move forward, then the state simply closes the matter without filing.

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Customer: replied 3 years ago.

What if they do somehow decide to file charges? What could happen in that case in the state of Minnesota?

It really depends what they charge. But, let's assume they file a charge of domestic assault - which in Minnesota is commiting an act with the intent to cause fear of imminent bodily harm or death (such as raising a fist to strike someone), or intentionally causing, or attempting to cause, bodily harm.

For a first offense, it's considered a misdemeanor, and a conviction can result in a penalty of up to 90 days in jail and/or a fine up to $1,000, though most likely if it's a first offense, a person would get probation and have to do things like an anger management class, community service, etc.

But, don't put the cart before the horse. There's a long, long way to go before that happens -IF it ever happens, which it may not in the absence of witnesses and an uncooperative "victim."
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