Defense of Minnesota Rape / Criminal Sexual Conduct Charges
Allegations or charges of rape are very serious. If you have been arrested, charged, or questioned by police in relation to an allegation of criminal sexual conduct you need a skilled and competent advocate in your corner. Contact Minneapolis sex crimes defense lawyer David Balmer for a confidential, free case evaluation. The Balmer Law Office is available via its 24-hour hotline: 612-326-4175.
Minnesota Rape / Sexual Assault Law
Forcible rape (sexual penetration by force or threat of force) is most commonly charged as First Degree Criminal Sexual Conduct. It is the most serious and heavily punished sex crime in Minnesota. The use of actual physical force is not necessary; causing fear in the victim is enough to justify a guilty verdict. Rape can also be charged as Third Degree Criminal Sexual Conduct if the person being charged (the defendant) used force but the victim was not injured.
The consequences of a conviction for either First or Third Degree Criminal Sexual Conduct are severe. The maximum penalty for a conviction of First Degree Criminal Sexual Conduct is 30 years in prison and a $40,000 fine. However, under certain circumstances, a first-time offender may be subject to a life sentence. A conviction of Third Degree Criminal Sexual Conduct carries a sentence of up to 15 years in prison and a $30,000 fine. In addition to a prison sentence, a period of conditional release follows for offenders convicted of criminal sexual conduct and sentenced to prison. The conditional release period may last for the offender’s lifetime, depending upon factors determined at sentencing. Conditional release requirements may include mandated treatment.
Consequences of a Minnesota Rape Conviction
Sexual Predator Registration
A conviction for any of the above degrees of criminal sexual conduct will likely result in significant prison time. In addition to prison time, a person convicted will be required to register as a predatory offender. Because the State maintains a public database of predatory offenders, registrants are often harassed and ostracized by society.
Forfeiture (Police Can Take Your Property)
The State may seize you personal property if the property was used or intended for use to commit or facilitate the commission of certain criminal sexual conduct offenses.
Loss of Right to Possess a Firearm
Criminal sexual conduct in the first through fourth degrees is defined as a crime of violence. A conviction for a crime of violence results in immediate revocation of your right to possess a firearm.
Deportation
A conviction for criminal sexual conduct, or other disposition resolving the case, may result in immigration consequences for both undocumented aliens and lawful permanent residents.
Loss of Right to Vote
In Minnesota, a felony conviction results in the loss of certain civil rights. Convicted felons may not vote or serve on a jury.
Loss of Professional License and Difficulty Getting a Job
A criminal sexual conduct conviction will likely result in the loss of a professional license. Additionally, a conviction will obviously make it more difficult to obtain employment.
Contact the Balmer Law Office — Minnesota Sex Crimes Defense Attorney
Defending a charge against rape or criminal sexual conduct is complicated. Special rules of evidence apply. Often scientific evidence is at issue. The consequences of a conviction are devastating. If you or a loved one has been arrested, charged, or questioned by police in relation to a rape or other form of criminal sexual conduct contact the Balmer Law Office for a free, confidential case evaluation. The Balmer Law Office is available via its 24-hour hotline: 612-326-4175.
David Balmer
David Balmer established the Balmer Law Office with one overriding goal: provide aggressive, high-caliber criminal and DWI defense for good people facing serious charges throughout the state of Minnesota. Read More