The most frequently contested cases are sex-based crimes. This is commonly known as Criminal Sexual Conduct, Rape, Statutory Rape, molestation, or other similar crimes. There are many factors that play into the level of the charges, and possible sentences. They include:
- The type of touching or contact
- How many times it happened (one instance or many)
- Age of the alleged victim
- Age of the alleged perpetrator
- The relationship between the parties (i.e coach or parent)
Most of these offenses carry strong penalties including prison as well as registration as a predatory (sex) offender. Getting an experienced attorney who has handled many of these cases before can mean a huge difference in outcome.
The complexities of these statutes make it hard to summarize each statute, but there are some general categories:
Criminal Sexual Conduct in the First Degree is commonly sexual penetration along with the use of force or fear. It also includes cases where there is an allegation of penetration with a victim under 18. These cases carry long prison sentences, and conditional release. These are amongst the most serious cases in Minnesota and often based on scant evidence. Getting an attorney with experience in these kinds of cases is necessary for the best outcomes.
Criminal Sexual Conduct in the Second Degree is commonly sexual contact with the use of force or fear. It also includes cases involving contact with victims under 18. Most second degree cases call for prison sentences of at least 90 months, but a few could result in probation. Conditional release would also apply. Hiring an experienced attorney early can have a huge impact on the case.
Criminal Sexual Conduct in the Third Degree is sexual penetration with an impaired person, or force. It also encompasses a large range of crimes involving victims under the age of 18. The difference in ages and the status of the older person has a great impact on the severity and possible defenses available. Most of the adult crimes would carry a prison sentence, and the age-based ones possible probation depending on various factors. Conditional release would also apply. Talk with an experienced attorney of you are charged with this crime.
Criminal Sexual Conduct in the Fourth Degree is sexual contact with an impaired person or with the use of force. Like Third Degree cases, it also applies to victims under the age of 18 and has many different exclusions and limits on defenses. Most of these cases should result in probation and local jail time, but many do not. Conditional release applies to these sentences as well.
Criminal Sexual Conduct in the Fifth Degree we see frequently as any non-consensual sexual contact. That usually means groping touching the intimate part of another without consent. As a sexual contact, it is usually a gross misdemeanor and does not call for prison, but still has grave consequences. A Fifth Degree Criminal Sexual Conduct can be a felony if the person has a prior criminal sexual conduct conviction, or they engaged in non-consensual sexual penetration. Consult with an experienced criminal defense attorney if you are charged.
These cases require careful analysis and a delicate touch as the consequences of conviction are great. Knowing the judges and how juries react to these cases can mean the difference between probation and prison. If you have been charged with a sex crime, you need an experienced attorney that central Minnesota clients have turned to for over 20 years.