The criminal justice system envisions delivering justice for all. This is done through convicting and punishing offenders. The legislation in Minnesota’s jurisdiction reflects this by providing stringent penalties for criminal offenders.
However, one of the primary goals that drive the criminal justice system is fair adjudication. Put simply, fair adjudication denotes the adherence to the rules of natural justice. This succinctly extends to the right to legal representation – a right that is deeply embedded in the United States constitution.
That said, to ensure that you avoid the severe consequences associated with criminal offenses, you have the right to seek legal representation from a criminal defense attorney. A Woodbury criminal defense attorney will set out to defend you by impeaching the credibility of the prosecution’s evidence and invoking certain defenses relating to the crimes that you’ve been charged with.
Here is an elucidation of the legal basis behind the need for a criminal defense attorney and how a lawyer can help.
What is a crime?
Simply put, a crime is an offense in violation of a fundamental criminal statute. In Minnesota, under section 609.02, crimes are typically classified into three levels: felonies, gross misdemeanors, misdemeanors, and petty misdemeanors.
Levels of crime in Woodbury, Minnesota
The different levels of criminal offenses correspond to the maximum penalties imposed on someone if found guilty and convicted of that offense.
The different levels of crimes under section 609.02 of the Minnesota statute include:
Felonies
Put briefly, felonies are considered the most serious offenses. As such, they carry a lengthier sentencing period and a hefty fine, usually more than one year in prison and fines greater than $ 3,000.
Examples of felonies in Woodbury, Minnesota:
- Driving while impaired
- Theft
- Murder
- Drug possession
- Criminal sexual conduct
Gross misdemeanors
Gross misdemeanors, on the other hand, are intermediate-level offenses. They are distinct from felonies in that if you are sentenced, you won’t serve time in state prison. Rather, you’ll be sent to a county jail or workhouse.
In addition, gross misdemeanors are usually punishable by up to one year in prison in a local correctional facility or up to $ 3,000 in fines.
Offenses categorized as gross misdemeanors include:
- Prostitution in public places
- DUI’s and DWIs
- Repeat assaults and violations
- Theft offenses between $500-$1,000.
- Marijuana possession
Misdemeanors
Misdemeanors are considered the lowest level of offense. As such, the penalties aren’t stringent as compared to the other types of offenses. Quite simply, if you are charged with a misdemeanor offense in Woodbury, you may only be liable for a punishment of up to 90 days in county jail and or a fine of up to $1,000.
Examples of this type of crime include:
- Vandalism
- Disorderly conduct
- Public intoxication
- Simple assault
- Shoplifting
- Indecent exposure
Petty misdemeanors
A petty misdemeanor, also known as a payable offense, is the lowest classification of a criminal offense. It denotes those offenses that don’t carry any jail time. In other words, if you are charged with any offense that is classified as a petty offense in Minnesota’s statute, you may only be liable to pay a fine of up to $300.
An example of a petty misdemeanor is possession of a small amount of marijuana and speeding.
What does a Criminal Defense Lawyer do?
The role of a criminal defense attorney is to defend you against any criminal charges by offering you appropriate legal representation.
Put briefly, a criminal defense attorney sets out to protect your rights enshrined in the law. In addition, they will proceed to eliminate either partially or completely any charges levied against you by the prosecution.
Which strategies can a criminal defense lawyer use to win your case?
If you are charged with any crime, then it is imperative to have a criminal defense attorney. A Woodbury, Minnesota criminal defense attorney may invoke the following strategies to counter the charges levied against you:
Double jeopardy defense
This particular defense provides that a criminal defendant can’t be tried twice for the same crime. It is enshrined in the fifth amendment to the US constitution.
That said, with a qualified criminal defense attorney, you can successfully argue the defense of double jeopardy in your case.
Not guilty defense
Your attorney may argue that you are not guilty after you’ve entered a not-guilty plea. After this, your attorney will proceed to prove that you are innocent by presenting evidence in court.
Impeach the evidence by presenting evidence to the contrary
At times, the investigating officers may make a fundamental mistake that leads to serious charges. With the help of a criminal defense attorney, you can challenge the evidence adduced in court by adducing fundamental evidence that supports your claim. This may ultimately lead to the charges being dropped wholly or partially.
Need help?
If you are facing criminal charges, it is imperative to have a criminal defense attorney by your side. Contact Kevin DeVore criminal attorney today for a free consultation.
Posted 2nd August 2021 by DeVore Law Office