Sex Assault Defense Lawyer in Minneapolis
In Minnesota, sexual assault is usually a felony, or a gross misdemeanor. Technically, sexual assault or rape in Minnesota is termed “criminal sexual conduct.” There are varying degrees of the crime, which equates to different sentencing structures. First degree criminal sexual conduct calls for a presumptive sentence under the Minnesota felony Sentencing Guidelines of 144 months or 12 years in prison. For clients who had already admitted guilty before retaining legal counsel, Keller Law Offices has successfully engineered a sentence well below the 144-month felony guideline sentence for first degree criminal sexual conduct or sexual assault. Additionally, someone convicted of criminal sexual conduct will have to join the sex offender registry. Sex Offender Registration is required for a minimum of 10 years and a maximum of the rest of your lifetime!
Minneapolis Sex Crimes Attorney
In Minnesota, there are five degrees of criminal sexual conduct, and the first four are considered felonies. First-degree sexual assault is defined as sexual penetration and the presence of at least one of the following conditions:
- A dangerous weapon
- The victim is younger than 13 and the defendant is at least three years older
- The defendant is in a position of authority; the victim is 13-16 years old and the defendant is at least four years older
- The victim had a fear of bodily harm
- There is a physical injury
A conviction of first-degree sexual assault can result in up to 30 years in prison and a $40,000 fine. What’s more, any conviction will mandate that a defendant register as a sex offender, which can have lifelong consequences when the person attempts to find employment and even housing.
Second-degree charges are the same as the first except no penetration occurred. Third degree includes penetration and certain age limitation; and fourth degree is the same as third degree minus the penetration. Lastly, a fifth-degree charge is the only one that is not a felony and involves nonconsensual sexual contact.
A sex crimes attorney can help defendants understand the charges and the potential consequences. In many cases, defendants may be wrongly accused due factors in the alleged victim’s background. For example, statistics on abuse victims suggest that they might be prone to falsely identifying people as sex offenders.
At Keller Law Offices, our sexual assault lawyers have a proven track record of aggressively defending people facing serious sexual and domestic assault charges. We employ a number of strategies to build a strong defense, such as exposing inconsistencies in the accusation or calling attention to compromising factors of a complainant’s past.
Minnesota Sexual Assault Lawyer
Keller Law Offices is also skilled at taking sexual assault cases to trial. This includes attacking the credibility of the complaining witness or “complainant.” There are many ways to show that the Complainant has given a false statement to police, including filing motions to learn about the complainant’s background, including prior convictions, drug or alcohol problems, and medical history. There are other ways of researching false complaints or false accusations in Minnesota, including searching social media sites such as Facebook, Twitter, LinkedIn, My Space, etc. If you have been charged with a Minnesota Sexual Assault crime, you need the best possible defense as soon as possible. Call Keller Law Offices right away to preserve your freedom, your marriage, and your job, at 952-913-1421.