Beating a Sexual Assault Charge: A Comprehensive Guide to Defense Strategies

how to beat a sexual assault charge

What to do if I’m charged with sexual assault in Minnesota

Accusations of sexual assault can cast a formidable shadow over one’s life, but a thorough understanding of defense strategies is a beacon of hope in this challenging journey. 

The most effective defense hinges on the unique circumstances of your case and the specifics of the alleged sexual assault. Seeking guidance from a sexual assault attorney experienced in sex crimes defense is of paramount importance.

In this blog, our team of criminal defense lawyers at Martine Law, a Minnesota law firm, will unravel the intricacies of sexual assault laws and the different types of sex crimes in Minnesota and provide you with resources to help you navigate the legal landscape of sexual assault charges.

What is Considered Domestic Violence in Minnesota?

Sexual assault is a multifaceted concept encompassing various crimes involving unwanted sexual contact or activity as per Minnesota’s legal framework. The definition and penalties associated with sexual assault may vary by jurisdiction, covering offenses such as rape, statutory rape, aggravated sexual assault, and other forms of non-consensual sexual behavior. 

Key distinguishing factors include:

  • The type of sexual act – This could involve sexual penetration, groping, kissing, or other forms of sexual behavior.
  • Use of force or threat of force – The accused compelling the victim through violence or threats.
  • Incapacitation of victim – The victim being mentally or physically unable to provide consent.
  • Age of the victim – Sexual activity with a minor.

DEGREES OF SEXUAL ASSAULT IN MINNESOTA

There are 5 degrees of sexual assault in Minnesota, and there are varying potential penalities associated with each:

  • 1st Degree Criminal Sexual Conduct: This charge involves sexual offenses with victims under 13, significant age differences, force, incapacitation, weapons, or accomplices. Penalties for first-degree criminal sexual conduct can include up to 30 years in prison and a fine of $40,000.

  • 2nd Degree Criminal Sexual Conduct: Similar to first-degree offenses but without sexual penetration. Penalties for second-degree criminal sexual conduct can lead to up to 25 years in prison and fines up to $35,000.

  • 3rd Degree Criminal Sexual Conduct: Offenses include victims under 13, minor victims, force, incapacitation, or significant age differences. Penalties for third-degree criminal sexual conduct can result in up to 15 years in prison and a fine of $30,000.

  • 4th Degree Criminal Sexual Conduct: Involves non-penetrative sexual offenses, minor victims, force, incapacitation, or significant age differences. Penalties for fourth-degree criminal sexual conduct can include up to 10 years in prison and a possible fine of $20,000.

  • 5th Degree Criminal Sexual Conduct: Includes non-consensual sexual contact or lewd acts in the presence of a minor. Penalties for fifth-degree criminal sexual conduct range from a gross misdemeanor, with up to 364 days in prison and fines up to $3,000, to a felony, with up to seven years in prison and a fine up to $14,000.

Convictions for sexual assault can result in severe consequences, including imprisonment and lifelong registration as a sex offender. However, the intervention of an experienced criminal defense attorney can be instrumental in avoiding these repercussions.

HOW CAN I BEAT A SEXUAL ASSAULT CHARGE IN MINNESOTA?

Sexual assault charges can be frightening, but with the right representation advocating for you and protecting your rights, you can find hope in the face of uncertainty. 

They key to achieving a favorable outcome in a case involving sexual assault allegations is seeking counsel from an experienced sex crime attorney in Minnesota. Having supported clients through sexual assault cases for years, Martine Law, a criminal defense law firm in Minnesota, knows how to fight hard for justice.

Through getting to know you and your story, our team will be able to craft an effective and strategic defense strategy on your behalf, helping you navigate the complexities of sex crime accusations with confidence.

Sexual Assault Defense Lawyers in Minnesota

Facing a sexual assault charge is daunting, but you don’t have to go through it alone. At Martine Law, our skilled criminal defense attorneys have successfully defended numerous clients facing allegations of sexual assault, rape, and other sex crimes in Minnesota. 

Though past results can’t guarantee future outcomes, we can promise one thing – we understand the complex legal issues surrounding sexual assault charges and will devote our resources toward building an effective defense for you. The stakes are high in sexual assault cases. Don’t leave your future to chance. Contact our team today to schedule a free consultation.

Author Bio

Xavier Martine

Xavier Martine is the Founder of Martine Law, a Minnesota criminal defense and family law firm. Serving clients in Minneapolis, MN, and surrounding areas, he is dedicated to representing clients in a wide range of criminal matters, including DWIs, drug charges, misdemeanors, domestic violence, and other criminal charges. He also represents clients in family law matters, including divorce, child support, and child custody.

Xavier received his Juris Doctor from the Mitchell Hamline School of Law and is a member of the Minnesota State Bar Association. He has received numerous accolades for his work, including being named among the “Top 10 Criminal Defense Attorneys Under 40 in Minnesota” in 2021 by The National Academy of Criminal Defense Attorneys. He was also named the “Best DUI Lawyer in Minneapolis” award in 2023 by Expertise.com and a “Rising Star” in 2023 by SuperLawyers.

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