Rochester Minnesota Family Crimes Lawyer

Family Crimes Attorney Minnesota

Crimes against the family cover a broad spectrum of crimes, some of them being less common such as bigamy and adultery, and some very commonly charged such as non-support, malicious punishment of a child, deprivation of parental rights, etc. If you are faced with such crimes, or if your spouse or partner is denying you your rights to parenting time or is neglecting to support you and the children, contact us. Our family law experience can be invaluable in making sure that the government is strongly pursuing those who evade their responsibilities, or to present the best defense if you have been wrongfully charged.

Minnesota Crimes Against the Family

The following are the most often charged family crimes:

• Non-Support of a Child or a Spouse – Knowingly failing to provide support to a spouse or a child when legally obligated to do so.
  • For a period of up to 90 days – Misdemeanor
  • Between 90 and 180 days, or arrears between 6 and 9 months – Gross Misdemeanor
  • Over 180 days or arrears over 9 months – Felony

The criminal case usually follows a civil child support contempt hearing in which the offender is given the opportunity to comply with a court order but fails to do so.

• Malicious Punishment of a Child - The intentional use of unreasonable force or cruel discipline, excessive under the circumstances, against a child by a parent, legal guardian or caretaker. Depending on the injuries sustained by the child, the categories of crimes are as follows:
  • Less than substantial bodily harm – Gross Misdemeanor which can be enhanced to a felony if it is the second conviction within 5 years.
  • Bodily harm to the head, eyes, neck, or otherwise causes multiple bruises to the body involving a child under the age of four - Felony
  • Substantial bodily harm – Felony
  • Great bodily harm – Felony (more severe consequences)
• Neglect or Endangerment of a Child – The willful deprivation of necessary food, clothing, shelter, health care or supervision appropriate to a child's age, when the parent, legal guardian or caretaker is reasonably able to make necessary provisions for the care of the child. Neglect is a Gross Misdemeanor level crime unless the deprivation results in substantial harm to the child, in which case it is a felony. It is also a crime for a parent to knowingly permit the physical or sexual abuse of a child or to allow the child to be present where a person is selling, manufacturing, or possessing drugs.
• Deprivation of Custodial or Parental Rights – The following acts are prohibited and constitute deprivation of parental rights:
  • concealing a minor child from the child's parent, intending to substantially deprive that parent of parental rights;
  • taking back a child whose custody has been transferred pursuant to a CHIPS action;
  • failing to return a child to the parent in violation of a court order;
  • keeping a child in Minnesota knowing that the child was removed without an Order from another state; 

There are several defenses to a deprivation charge, which include:

• Protecting the child from physical or sexual abuse;
• Protecting oneself from physical or sexual abuse;
• Consent of the other parent;
• The action was authorized by Court Order.

Contact Us Today For a Free Consultation

If you have been arrested and charged with a family crime, contact our Rochester Minnesota Criminal Defense attorney, to see how we can help. We always offer free initial consultations to our clients. Call 507.206.6020 or complete our free case evaluation form.