Minnesota Criminal Sexual Conduct Lawyer - MN Criminal Defense Attorneys

Experienced Sex Crime Attorneys You Can Trust

Are you being accused of criminal sexual conduct? If so, you need an experienced Minnesota criminal sexual conduct lawyer. The intense prosecution of sexual related crimes is staggering in Minnesota state courts as well as in federal courts across the country. Today, these cases carry harsh prison sentences and other collateral consequences that did not exist just a few years ago. Frequently the odds are stacked against people accused of these crimes, with not only multiple prosecutors on each file, but also a range of victim advocates and other people lobbying to convince the judge to execute the harshest of penalties.

If you are charged with any felony level criminal sexual conduct offense and are convicted of any crime not even related to the original offense, the law requires that you register as a criminal sexual and predatory offender. You can imagine how such a conviction can follow you around for years, if not your entire life. It is imperative that you hire a criminal sexual conduct lawyer the moment you believe you are under investigation.

Andrew Birrell is recognized as a “criminal law specialist” by the Minnesota State Bar Association. He has won numerous not guilty jury verdicts for his clients accused of felony criminal sexual conduct charges. The lawyers at Birrell Law have handled all types of sex crime charges, and have had enormous success in preventing charges, preventing convictions, preventing prison sentences, and preventing registration requirements from impacting their clients.

Criminal Sexual Conduct Charges

As an experienced sex crimes lawyer, Andrew Birrell has represented clients from all walks of life in criminal sexual conduct charges. From doctors to business people to college students, anyone can be charged with such a crime, even when there is absolutely no real evidence that the crime was committed. The lawyers at Birrell Law have represented many individuals charged with criminal sexual conduct crimes based only on an alleged “victim’s” story to police. They have represented unfortunate individuals accused of crimes they did not commit, only because the supposed “victim” had a motive for making up a story. While blaming the victim may seem insensitive to the general public having no experience in this area of the law, the lawyers at Birrell Law can provide many examples where the “victim” made up or exaggerated an event.

Under Minnesota State Law there are five degrees of criminal sexual conduct.

From the first to fifth degrees, they are governed by Minnesota Statute Sections 609.342, 609.343, 609.344, 609.345, and 609.3451, respectively.

Criminal sexual conduct in the first degree is sexual penetration of another person (or sexual contact with a person less than thirteen years old), along with some other aggravating circumstances, such as:

· the offender had a dangerous weapon and used or threatened to use it, or · the person is under thirteen years old and the offender is more than three years older that the person, or · the person is under sixteen years old and the two individuals had a significant relationship.

The sentence is up to 30 years in prison and/or up to a $40,000 fine. https://www.revisor.mn.gov/statutes/?id=609.342.

Second degree criminal sexual conduct is sexual contact (not necessarily penetration) with another person and some aggravating circumstance like those in first degree criminal sexual conduct. The sentence is up to 25 years in prison and/or up to a $35,000 fine. See https://www.revisor.mn.gov/statutes/?id=609.343

Third degree criminal sexual conduct is sexual penetration of another person with some aggravated circumstance generally less severe than those needed for first degree criminal sexual conduct, such as the offender knows the other individual is mentally impaired or physically helpless, the two have a psychotherapist-patient relationship, or the offender was a masseuse to the other. The sentence is up to 15 years in prison and/or up to a $30,000 fine.

Criminal sexual conduct in the fourth degree is sexual contact (not necessarily penetration) with another person and some aggravating circumstance like those in third degree criminal sexual conduct. The sentence is up to 10 years in prison and/or up to a $20,000 fine.

Fifth degree criminal sexual conduct is an act of non-consensual sexual contact or certain acts of the showing of the genitals to an individual under sixteen years of age. This offense can be a gross misdemeanor or a felony. If it is a gross misdemeanor it carries a sentence of up to 1 year in jail and/or up to a $3,000 fine. If it is a felony, it carries a sentence of up to 7 years in prison and/or a $14,000 fine.

Federal sexual abuse is governed by 18 U.S.C. §§ 2241–2248. Each of the statutes relates to a different crime, such as aggravated sexual abuse or abusive sexual contact. 18 U.S.C. § 2242 governs general sexual abuse. If you force another to engage in a sexual act or if you engage in a sexual act when the other either does not know what the act is or cannot withhold consent, and you are convicted of a federal crime, you could be sentenced to up to life in prison.

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Birrell Law Firm PLLC is an experienced Minnesota Criminal Sexual Conduct Lawyer who has extensive experience in all areas of Criminal Sex Crimes. Call our office today to get the legal representation you deserve!

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Ian Birrell

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Our Criminal Sexual Conduct Defense Attorneys are resourceful, tough, and committed to our clients’ interests, and we have the ability to keep the orders, verdicts and judgments we obtain on appeal.

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Frequently Asked Sex Crime Questions

1Have you been charged with Criminal Sexual Conduct?

2What is Criminal Sexual Conduct?

The Minneapolis law classifies criminal sexual conduct into five levels, 1st degree to the 5th. Generally, the first and third-degree charges involve sexual penetration, while the second, fourth, and fifth entail sexual contact without penetration. 1st and 2nd-degree criminal sexual conduct charges apply to action involving personal injury, the use of force, violence, or a weapon, plus when the victim is really young. The 3rd, 4th, and 5th degree usually involve less aggravated action in situations where the victim didn’t consent to sexual activity, was incapable physically or mentally to consent to the action, was relatively young or vulnerable.

3What Are The Degrees of Criminal Sexual Conduct?

Criminal sexual conduct charges in Minneapolis bring about some of the roughest penalties after a conviction. The authorities and prosecutors take such charges very seriously. Well, criminal sexual conduct charges are categorized into three, which we shall delve further in this post. First Degree Criminal Sexual Conduct This is the most serious of the charges. It’s a serious felony that can result up to life in prison. If an individual engages in sex with an individual under the age of 13, or under 16 years if the two people are related results in a first degree criminal sexual conduct. If a minor is involved, the person convicted of this felony faces a minimum of 25 years in jail and a lifetime of electronic monitoring. Offenders faced with this charge stay on the Minneapolis, MN Sex Offender Registry for life. Second Degree Criminal Sexual Conduct If an individual engages in sexual conduct but not penetration with an individual under 13 years, they qualify for a second degree charge. A person can also be charged with this type of crime if: -The alleged victim is between the age of 13 and 16, related to the defendant, a teacher, foster care provider, in the same household or any other authoritative person. -Alleged perpetrator is helped by another individual and knows the victim is physically or mentally helpless. -Sexual contact happens when the defendant does another crime. -Alleged perpetrator is helped by another party and use force in order to achieve sexual contact. -Alleged perpetrator causes injury through coercion or force knowing that the victim is mentally or physically helpless. -Alleged perpetrator is armed with a weapon or uses anything to insinuate they have a weapon. It is imperative to note that sexual contact implies the intentional touching of a person’s intimate parts or the clothing covering the person’s intimate parts, if the touching can be reasonably defined as in the purpose of sexual arousal or satisfaction, done for sexual reasons or with the aim to inflict humiliation, or revenge in a sexual way. The maximum sentence of second degree criminal sexual conduct is 25 years. Additionally, the guilty is electronically monitored for the rest of their life if the victim is underage and the offender was over 17 during the offense. Third Degree Criminal Sexual Conduct This charge is given when an individual engages in sex with a person between 13 and 16 years and uses force, mental helplessness, and coercion to achieve penetration. It can also be issued when the victim is between 16 and 18 years and the perpetrator is a school employee or teacher. The punishment for such a felony is up to 15 years in jail. Fourth Degree Criminal Sexual Conduct This charge is issued when there’s contact without penetration. Two years is the maximum punishment for this degree. If are accused of any criminal sexual charge in Minneapolis, you need an aggressive lawyer by your side to handle your case. Don’t take the case with a public defender and consider an defense attorney in a law firm with experience in this field. Consider going through an array of lawyers before settling for one.

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