Minnesota Criminal Sexual Conduct Lawyer
If you have been accused of a crime that is sexual in nature, it is important that you know what type of crime you are being arrested for. The type of crime could mean the difference between one or two years in jail and twenty.
So, What Types of Sexual Crimes Are There?
The most severe sexual crime that you can commit is considered a 1st Degree crime. To be considered a 1st-degree crime, one of the following must be part of the crime:
- Sexual conduct with a minor under thirteen
- Use of force or violence
- Injuries occurred to the victim
A 2nd Degree charge doesn’t involve penetration. Yet, it is still considered a severe crime because the following must be involved in the crime:
- Use of force or violence
- The threat of force or violence was used
A 3rd Degree charge includes penetration but it isn’t as serious as a 1st-degree charge. There are times when it is called an aggravated contract instead of an assault because violence isn’t involved.
Some things that make a sexual crime a 3rd degree include:
- Younger victim
- Victim was unable or unwilling to consent
A 4th Degree charge often involves younger victims, though they aren’t as severe because the victim isn’t severely harmed during the crime. One of the most common 4th-degree crime is statutory rape.
A 5th Degree sexual crime involves sexual contact, though lewd acts are also in this category. Since it is the least severe, penetration and injury can’t occur, or you will be faced with a higher degree.
What are the Penalties for Sexual Crimes?
The penalties that you are facing will depend on the type of crime that you are facing.
If you are convicted of a 1st Degree sexual crime, you could be looking at up to thirty years in prison. Your fines could reach up to forty thousand dollars. If you don’t have any criminal history, you will spend one hundred and forty-four months in prison.
For a 2nd Degree crime, you could be facing twenty-five years in prison, with fines up to thirty-five thousand dollars. If you don’t have a criminal history, the lowest amount of time that you will spend in prison is ninety months.
A 3rd Degree sexual crime could put you in prison for up to fifteen years. Your fines could reach up to thirty thousand dollars. Without a criminal history, statutory rape will put you behind bars for thirty-six months. Other 3rd-degree crimes, the least amount of time that you will spend in prison is forty-eight months.
A 4th Degree conviction could land you in jail for up to ten years. Your fines could reach up to twenty thousand dollars. Without a criminal history, the least amount of time that you will spend in prison is twenty-four months. If you are convicted of statutory rape, it is eighteen months.
Since a 5th Degree crime is the least severe, you are facing the least amount of jail time. You may spend up to one year behind bars. Your fine could reach three thousand dollars for gross misdemeanor and ten thousand for other crimes.
If you have been arrested for a sexual crime, you need to hire an experienced lawyer as soon as you can. Don’t hesitate to contact us for all of your legal needs. We will be glad to help you through this difficult time. We will discuss the type of crime that you committed and the penalties that you may be facing. We will help you come up with a good defense so that one mistake doesn’t change your whole life.