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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