Domestic Assault by Strangulation – Specific Intent Crime
Domestic assault by strangulation can often be the byproduct of substance use and/or abuse. A bad night. Some bad choices. Spurred by the effects of alcohol or drugs, clouding someone’s judgment. When this happens, an appropriate defense would be voluntary intoxication, which argues that the defendant did not have the requisite intent to commit the
Failing to Pay Taxes / Failing to File Tax Returns – Felony Crimes
There are two certainties in life: death and taxes. Very few enjoy the process of filing tax returns and paying their taxes. But, it’s an obligation we cannot avoid. IF you do avoid it, though, you could receive the attention of the IRS or face criminal charges. If you are being contacted by the IRS,
Habeas Corpus Petition and Request for Compassionate Release
Roughly a year ago, a client contacted North Star seeking an appeal of his sentence, which would require him to remain in the Minnesota State Prison system for at least four full years. He had entered a plea of guilty in Minneapolis to first degree narcotics offenses, and while the basis for his plea was
Controlled Substance Crimes Sentencing – How to Get a Reduction in Prison Time
Minnesota’s sentencing laws used to be more penal than just, particularly in the everlasting ‘war on drugs.’ Sentencing reform in 2016 provided some help in stopping the law from being overly punitive toward controlled substance crimes sentencing. Despite this, a number of defendants with minimal to no criminal history are still being sentenced to prison.
Depriving Parenting Rights Crime
Family law can get downright nasty – especially when it comes to parenting rights. It is not uncommon for the parents to fight tooth and nail to maximize their parenting time to the detriment of the other parent. Multiple hearings and parenting time orders from courts can accrue over time. And when it gets to
Minnesota’s Revenge Porn Law Ruled Unconstitutional
UPDATE: The Minnesota Supreme Court reversed this decision and upheld the statute as being constitutional. Read our latest blog on the Supreme Court’s decision here. In December 2019, the Court of Appeals struck down Minnesota’s revenge porn law that made it illegal to “intentionally disseminate an image of another person who is depicted in a
Minnesota Sentencing Lawyer – Durational Departure
As previously discussed in our blog about dispositional departures, sentencing often can be the most critical part of the criminal case. When the State simply has the facts to convict you, the case then turns to how to obtain the best possible sentence. There are two ways a defendant convicted of a felony can dramatically
Minnesota Sentencing Attorney – Dispositional Departure
Sentencing can often be the most important part of a criminal case for a defendant. Whether the defendant plead guilty or was found guilty at trial, sentencing is when the defendant finds out their criminal consequences. With prison on the line in felony cases, having a Minnesota sentencing attorney to file an appropriate departure motion
Sex Crimes – “Sexual or Aggressive Intent” – Defined
Minnesota’s sex crimes require a specific intent that is undefined by statute. In order for the State to prove a defendant committed criminal sexual contact, it must show that the defendant committed the contact with “sexual or aggressive intent.” Without some facts to support this intent, any conviction or plea is infirm. So what does
Interference with Privacy in Minnesota
Interference with privacy is a gross misdemeanor offense that can rise to felony level charges depending on the circumstances. The general concept of what interference with privacy means may make sense. But the statutory definitions are complex in trying to capture the acts that amount to interference with privacy. Minn. Stat. 609.746 lays out the