If you are facing criminal sexual conduct charges in Minnesota, you may be wondering if there is any hope of having the charges dropped. While there is no “magic bullet” or guaranteed way to get criminal sexual conduct charges dropped, it is possible under certain circumstances.
However, once you have been charged, only the prosecutor has the power to drop criminal sexual conduct charges against you. Your best course of action in these cases is to consult with an experienced criminal defense attorney who can review the facts of your case and help you build a solid defense.
Sex Offender Registration in Minnesota
A conviction for sex crimes carries serious consequences, including but not limited to a criminal record, jail time, fines, and mandatory sexual offender registration. If you are convicted of a sex crime in Minnesota, there’s a good chance you will be required to register as a sex offender once you have completed your sentence. Offenses that require sex offender registration include the following:
- Criminal sexual conduct (first to fourth degree)
- Felony indecent exposure
- Possession of child pornography
- Soliciting a minor to engage in prostitution
- Soliciting a minor to engage in sexual conduct
- False imprisonment of a minor
- First-degree murder and kidnapping
Sex offenders convicted in Minnesota are required to register themselves for a minimum period of 10 years. However, if an individual is sentenced to probation for a term longer than 10 years, they will be mandated to register for the duration of their probation. Offenders accused of aggravated sex offenses, found guilty of multiple counts of sex crimes, or labeled as “sexual predators” by the court are obligated to register for life.
Defense Strategies Against Sex Offender Charges
The process of getting criminal sexual conduct charges dropped will vary depending on the jurisdiction and the specifics of the case. However, the following defense strategies are just a few ways in which an attorney may defend their client against criminal sexual conduct charges:
1. Insufficient Evidence
One of the most common defense strategies in sex crime cases is the lack of sufficient evidence. This means there is insufficient evidence to prove the defendant committed the crime. In such cases, the attorney's primary job is to persuade the judge or jury that there is reasonable doubt in the prosecution's case. If the jury or judge agrees, then the defendant may be acquitted of the charge.
2. Age Discrepancy
Another viable defense strategy in some sex crime cases is the disparity between the ages of the parties involved. In Minnesota, statutory rape charges carry penalties as severe as any other sex offenses, but the penalties may differ if the ages of both parties are not significantly different. In such cases, the accused may plead for leniency and ask for plea bargaining or a lesser sentence.
3. Mental Disorder
Minnesota law recognizes that some people who commit sexual offenses are dealing with mental disorders that need to be addressed. In these cases, a qualified defense attorney can use the argument that the defendant has a mental defect that impairs their ability to control their sexual impulses. A defense of this nature can be used as a plea bargain for reduced criminal charges.
Minneapolis Sex Crime Defense Attorneys
Whether you have been arrested for a sex crime or you are under investigation, it is important to involve a sex crime defense lawyer as soon as possible. Being accused of a sex crime can potentially ruin your future, freedom, and reputation.
At Caplan & Tamburino Law Firm, P.A., we offer free case evaluations around the clock, 365 days a year. Call us at (612) 444-5020 now for your free, no-obligation consultation with an experienced sex crime attorney in Minneapolis.