Protect your rights by calling Kevin DeVore via our 24/7 hotline to speak with a Minneapolis rape defense Attorney
Have you or a family member been accused of sexual assault, molestation or statutory rape in the state of Minnesota?
Do you understand the differences in degrees of criminal sexual conduct? Do you know the penalties you may be facing if you go to trial? It is important you contact a St. Paul Criminal Defense Attorney right away to defend your rights.
The entire situation, and its details, go by so quickly when we are arrested and many details get lost in the shuffle. There should be an official guide to help us through any legal situation we face. This is what great lawyers are for.
If you have been accused of a sex crime, now is the time to act by retaining an experienced Minnesota criminal defense lawyer. Kevin DeVore is available via a 24-hour hotline to help you fight charges and minimize punishments.
Criminal Sexual Conduct Felonies
Minnesota has outlined several different degrees in conduct and their related penalties. There are specific differences between degrees and mistaking someone’s age or ability to consent are not valid excuses. Statutory laws fall under these categories.
Criminal Sexual Conduct 1st Degree 609.342
First-degree criminal sexual conduct is a very serious felony and refers directly to one person who has unwanted penetrative sex with another person, specifically those under the age of thirteen. The victim describes fearing bodily harm and even death if they don’t comply or if they report the problem. The accused perpetrator may have a deadly weapon and cause significant injuries to help them force the act.
The penalties for this crime include a prison sentence not to exceed thirty years and a fine of up to $40,000. The penalties can be increased if the charge accompanies other serious charges. The court fully believes that twelve years is an appropriate minimum sentence.
As with all criminal sexual cases, the offender must agree to complete a mandatory treatment program and cooperate with a professional assessment of their mental status.
Criminal Sexual Conduct 2nd Degree 609.343
The second-degree felony charge refers to sexual contact with an adult or someone under the age of thirteen. This charge includes anyone with an authoritative position over a child from the ages of thirteen to sixteen, such as a parent, boss, teacher or police officer.
The victim may claim fear and the aggressor may have had a weapon they used to threaten the victim. The aggressor may know that their victim is mentally and physically impaired. The aggressor may have caused physical injuries, but not life-threatening injuries.
Penalties include imprisonment of up to twenty-five years and up to a $35,000 fine. A suggested minimum sentence is seven and a half years in state prison. The same rules regarding treatment programs and assessments apply.
Criminal Sexual Conduct 3rd Degree 609.344
Third-degree criminal sexual conduct refers to sexual contact with a child under the age of thirteen or with a child under the age of eighteen if the aggressor is an authority figure, such as a doctor or therapist who uses deception to accomplish their goal.
Any non-consensual sexual act, such as penetration, of an adult who acts as the aggressor is also included in this charge.
Fifteen years in prison is the longest suggested sentence while four years is the minimum suggested sentence. Fines can be as much as $30,000 and the same rules on treatment programs and assessments still apply.
Criminal Sexual Conduct 4th Degree 609.345
Fourth-degree sexual conduct refers to all sexual conduct outside of penetration to any victim, regardless of age and physical and mental disposition. This charge can include when the sexual act is forced or coerced psychologically and the victim is physically restrained and suffered from minor injuries during the attack.
The longest suggested prison sentence is up to ten years and the fine can be up to $20,000. Again, anyone charged and found guilty of this crime will have to attend a special treatment program and receive the required assessment assigned by the judge.
The first and third-degree crimes involve penetration and the second and fourth involve sexual contact without penetration.
All of these conduct charges require that the aggressor register as a sex offender with the state and carry that stigma for the rest of their lives. Being found guilty of a sexual offense is different than other crimes because your punishment never ends.
A practiced and compassionate lawyer with proven public results can help you lessen your charges or get the best deal available.
Contact Kevin DeVore — Minnesota Sex Crimes Defense Attorney
DeVore Criminal Defense wants to protect your reputation and your future with a comprehensive, aggressive and supportive defense. Contact us for your free initial consultation where we can begin to construct your defense. We’re here to help you with offices in Woodbury, Minnesota.
Posted 30th April 2020 by DeVore Criminal Defense