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
Leaving the Scene of an Accident – Hit and Run
Accidents happen. They don’t necessarily result in criminal charges – after all, they are called accidents. But sometimes, an accident can lead to criminal charges for failing to properly obey the traffic laws or if a driver leaves the scene of an accident. In Minnesota, a Leaving the Scene of an Accident criminal charge –
Nonconsensual Dissemination of Private Sexual Images – Revenge Porn Law
Sexting and similar communications have led to the oversharing of explicit images. To combat that, Minnesota enacted a revenge porn law to criminalize the improper sharing of sexually explicit images. The crime is actually called: Nonconsensual Dissemination of Private Sexual Images. This law, though, is written in an overbroad manner to capture much more conduct
Reckless Driving Attorney
A Minnesota Reckless Driving offense is one of the most serious non-DWI traffic charges. It is a misdemeanor to start with, but could become a gross misdemeanor if there is a certain amount of harm caused by the reckless driving conduct. With such serious criminal consequences in play, it is critical to retain a Reckless
Carrying While Under the Influence
In Minnesota, it is illegal to be carrying while under the influence of alcohol or controlled substances. The offense can be either a misdemeanor or gross misdemeanor, requiring possible jail and/or a heavy fine, not to mention revocation of the person’s right to carry. Under Minn. Stat. 624.7142, the carrying while under the influence charge
Criminal Damage to Property Attorneys
Criminal damage to property in Minnesota is a felony, gross misdemeanor, or misdemeanor, depending on the nature of the circumstances and amount of damage that occurred. Any conviction for this type of crime not only has serious criminal consequences, including prison or jail time, but also significant collateral consequences, such as the possibility of losing
Substantial Bodily Harm Defined – Minnesota Assault
The level of harm is often the distinction between whether an assault or obstruction of legal process charge is a felony or not. Central to this analysis is the term: “substantial bodily harm.” If the victim suffers substantial bodily harm, the result is a 3rd degree assault – at a minimum – or a felony
Expungement Waiting Period – How It Applies, according to the Court of Appeals
Just this past late-spring, the Court of Appeals issued a ruling that summarily approved of a lower court decision in which the expungement waiting period was applied from the date of discharge going forward 2-, 4-, or 5-years. There was no analysis of the lower court’s decision, though, which left an opening for petitioners to
Resolved in Favor Expungements Include Continuance for Dismissals
The Court of Appeals issued a published opinion (compared to the many unpublished ones on the expungement law) that clarified the application of the “resolved in favor” language to continuance for dismissals. In doing so, the Court overruled a district court (Hennepin County) decision that ruled in favor of the State carrying its significant burden