Minneapolis Criminal Lawyer & Attorney : Brown Law Firm : Minnesota Criminal Defense : Minneapolis, St. Paul, Twin Cities

Minnesota law classifies criminal sexual conduct into five categories: first- through fifth-degree criminal sexual conduct. Each degree of the crime covers a variety of behavior, with first-degree carrying the most severe penalties and fifth-degree the least severe. Generally speaking, the first-degree and third-degree crimes apply to sexual conduct involving sexual penetration of the victim; the second-, fourth-, and fifth-degree crimes apply to sexual conduct involving sexual contact with the victim without sexual penetration.

The elements of the criminal sexual conduct crimes also vary with respect to a number of other issues. For example, criminal sexual conduct in the first and second degree typically apply to conduct involving personal injury to the victim; the use or threatened use of force, violence, or a dangerous weapon; or victims who are extremely young. Criminal sexual conduct in the third, fourth, and fifth degree typically address less aggravated conduct and apply to other situations in which the victim either did not consent to the sexual conduct, was relatively young, or was incapable of voluntarily consenting to the sexual conduct due to a particular vulnerability or due to a special relationship between the victim and the perpetrator.

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The gravity of crimes involving sale or possession of methamphetamine in Minnesota is linked to the amount of substance involved; the amount of the drug is determined by the total gram weight of the substance, not by the actual amount of methamphetamine present in it. Because of the dangers that methamphetamine, cocaine, and heroin pose, the penalties for sale or possession of these drugs are much harsher than penalties for the same amount of other drugs.

Sale of ten grams or more of any mixture or substance containing methamphetamine, or possession of 25 grams or more of any such substance, is a first-degree controlled substance crime and carries a penalty of up to 30 years’ imprisonment and a $1 million fine, or both. If the person has a previous controlled substance conviction, the penalty is increased to at least four and up to 40 years’ imprisonment. The Minnesota Sentencing Guidelines recommend an 86-month sentence for a person with no criminal history who is convicted of a first-degree controlled substance offense.

Sale of three to ten grams or possession of six to 25 grams of a methamphetamine substance is a second-degree controlled substance violation and is punishable by a 25-year prison sentence or a $500,000 fine, or both. For offenders with a previous controlled substance conviction, the penalty increases to up to 40 years (with a three-year minimum sentence) and an optional fine of up to $500,000.  The Minnesota Sentencing Guidelines recommend a 48- month sentence for a person with no criminal history who is convicted of a second-degree controlled substance offense.

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