A criminal defense attorney represents clients who have been accused of crimes at both the state and federal level. The types of criminal cases they handle can vary greatly depending on the charges involved. Some of the common crimes they defend clients against include:
Drug offenses – Drug charges may include possession, distribution, trafficking, manufacturing, etc. Defense lawyers work to get charges reduced or dismissed by challenging the validity of evidence or through plea negotiations.
Minnesota has several degrees of controlled substance crimes, ranging from first degree to fifth degree, with first-degree being the most serious. The specific charges and penalties vary by the circumstances of the given case.
Drug possession:
Minnesota defines possession as the knowing or intentional control of a substance classified as a controlled substance without a valid prescription or legal authorization. Minnesota classifies controlled substances into schedules based on their potential for abuse and medical use. Possession of a controlled substance can result in criminal charges, and the severity of the charges may depend on several factors, including the type and quantity of the substance, prior convictions, and other circumstances.
Possession-related crimes are governed by Minn. Stat. § 152.02. The severity of the crime is defined by the schedule of the drug possessed at the time of the offense.
Minn. Stat. § 152.021-152.025 Subd. 2 govern possession of a controlled substance from first degree fifth degree, respectively.
Distribution:
To be charged with drug distribution, a person must knowingly or intentionally engage in the act of selling, delivering, or otherwise distributing a controlled substance. This means that the person must be aware of their actions and their illegal nature.
The distribution laws cover a wide range of controlled substances, which are categorized into schedules based on their potential for abuse and medical use. These substances can include illegal drugs like cocaine, heroin, and methamphetamine, as well as prescription medications if they are distributed without a valid prescription. The amount of the controlled substance involved can impact the severity of the charges. Larger quantities of a controlled substance often result in more severe penalties. In addition, the presence of certain aggravating factors, such as distributing drugs near a school or involving minors, can lead to enhanced penalties as well.
The same statutes which govern possession of a controlled substance also govern distribution of a controlled substance under MN law. Minn. Stat. § 152.021-152.025 Subd. 1 indicate that a person is guilty of possession under the statute if they unlawfully sell a given controlled substance, with varying degrees based on the drug and quantity from first degree-fifth degree (as with possession crimes).
Trafficking and Manufacturing:
Drug trafficking, also known as drug distribution or drug trafficking offenses, refers to the illegal activity of manufacturing, transporting, distributing, or selling controlled substances, such as narcotics or illegal drugs. It typically involves the organized and unlawful movement of drugs, often on a large scale, with the intent to profit from their sale.
Drug manufacturing refers to the process of producing controlled substances, such as illegal drugs or illicitly producing prescription medications, through chemical synthesis or other methods. This activity is typically illegal when it involves controlled substances that are regulated and prohibited by law.
Minnesota, like many states, does not have a specific statute that defines “drug trafficking” or manufacturing as a separate offense. Instead, drug trafficking, manufacturing, or drug distribution offenses are encompassed within the State’s controlled substance laws, which are primarily found in Chapter 152 of the Minnesota Statutes.
The specific legal authority for prosecuting drug distribution or trafficking offenses in Minnesota comes from various sections within Chapter 152. These sections outline the various degrees of controlled substance offenses, the penalties associated with them, and the elements required for prosecution. The applicable sections indicate the varying degrees of drug offenses from first degree-Minn. Stat. § 152.021 through fifth degree-Minn. Stat. § 152.025.
Violent crimes – Crimes relating to acts of violence consist of murder, assault, domestic violence, robbery, and sex crimes. Violent crime charges can lead to lengthy prison sentences so criminal attorneys will meticulously examine the prosecution’s evidence and interview witnesses to build a strong defense. Minn. Stat. § 624.712 defines the numerous violent crimes in the state.
Murder:
Among these, crimes involving murder or homicide are governed by Minn. Stat. § 609.18-205. Murder is defined as the intentional and unlawful killing of another human being. Murder crimes range from first degree murder (Minn. Stat. § 609.185)-criminal vehicular homicide (Minn. Stat. § 609.2112) and include two degrees of manslaughter (Minn. Stat. § 609.20-205). Manslaughter is the unlawful killing without premeditation and specific intent, as with murder. Murder charges of any degree are highly complicated, as each necessarily has different elements, based on the given crime.
Assault:
State assault crimes are delineated by Minn. Stat. §609.221-224. Criminal assault is a legal term used to describe a specific type of crime in which one person intentionally threatens or causes harm to another person.
Domestic Assault:
Crimes of domestic assault and violence are found under both Minn. Stat. §§ 609.2242 and 518B.01 Subd. 2. Domestic assault, often referred to as domestic violence or domestic abuse, is a specific type of assault that occurs within the context of a domestic or familial relationship. It involves one person intentionally causing physical harm or the threat of physical harm to another person with whom they have a close relationship. Domestic assault can also encompass other forms of abuse beyond physical violence, including emotional, psychological, sexual, and financial abuse, all of which occur within the confines of an intimate relationship.
Robbery:
Robbery-related crimes are governed by Minn. Stat. § 609.24-245. Robbery is a serious criminal offense that involves the unlawful taking of someone else’s property or belongings through the use of force, intimidation, or the threat of force. It typically differs from other forms of theft or larceny in that it involves the element of violence, the threat of violence, or the intimidation of the victim.
Sex Crimes:
Sex crimes are numerous and provided under Minn Stat. § 609.293 through Minn. Stat. § 609.353. Sex crimes, also known as sexual offenses or sexual misconduct, are criminal acts that involve non-consensual or illegal sexual conduct. These offenses can range from sexual harassment and non-consensual sexual contact to crimes such as sexual assault and child sexual abuse. There are varying degrees of sex crimes in MN, based on the conduct which occurred, and each degree has distinct elements and penalties accordingly.
White collar crimes – These crimes include fraud, embezzlement, money laundering, tax evasion, securities fraud, and cybercrimes. White collar defense lawyers mitigate charges by leveraging their financial expertise and ability to follow complex financial records and transactions.
White-collar crimes are non-violent, financially motivated offenses typically committed by individuals, businesses, or government officials in positions of trust and authority. These crimes are characterized by deceit, concealment, or violation of trust and are often committed for financial gain. Unlike street crimes, which involve physical harm or threat of harm, white-collar crimes primarily focus on financial or economic harm.
Fraud: Fraudulent activities involve intentionally deceiving others for financial gain and are governed by Minn. Stat. § 609.611. Common types of fraud include securities fraud, insurance fraud, mortgage fraud, credit card fraud, and healthcare fraud.
Embezzlement: Embezzlement occurs when a person in a position of trust, such as an employee, manager, or financial officer, misappropriates funds or property for their own personal use or benefit. This often involves the theft of money from a company or organization. As a result, Embezzlement cases in Minnesota may be prosecuted under Minn. Stat. § 609.52, Subd. 2, which defines theft and outlines the various degrees and penalties based on the value of the property or services stolen. As with other “theft-like” crimes, the penalties for embezzlement can vary depending on the circumstances and the value of the property or funds involved.
Money Laundering: Minn. Stat. § 609.496 details the offense of money laundering and outlines penalties for the crime. Money laundering involves concealing the origins of illegally obtained money, making it appear as though it came from legitimate sources. Criminals use money laundering to legitimize proceeds from other unlawful activities.
Tax Evasion: Tax evasion occurs in Minnesota when individuals or businesses intentionally underreport income or overstate deductions to reduce their tax liability. Pursuant to Minn. Stat. § 609.671, “Crimes Against Revenue” may consist of any violation of tax laws and result in criminal charges.
Securities fraud:
In Minnesota, securities fraud, also known as investment fraud or stock fraud, is a type of white-collar crime that involves deceptive practices in the sale or purchase of securities (such as stocks, bonds, and options) with the intent to deceive investors or manipulate financial markets. Securities fraud can take various forms, but it generally involves false or misleading information about investments or companies to gain an unfair advantage or to defraud investors, under Minn. Stat. § 609.83.
Cybercrimes: Some white-collar crimes are committed online, including computer fraud, hacking, and online scams. Cybercrimes are regulated by Minnesota law under § 609.821.
DUI and traffic cases – These cases typically include drunk driving, hit and run, vehicular manslaughter, and license suspension hearings. Skilled DUI lawyers can often get charges dismissed or reduced by contesting chemical test results and other aspects of the arrest.
Drunk driving:
Drunk driving, also known as driving under the influence (DUI) or driving while intoxicated (DWI), refers to the act of operating a motor vehicle (such as a car, truck, motorcycle, or boat) while impaired by the consumption of alcohol or drugs, including both legal and illegal substances.
Minnesota has laws in place to address drunk driving in the state. DWI laws are outlined in Minn. Stat. § 169A.20, which specify the legal limits for blood alcohol concentration (BAC), penalties for DWI offenses, and related provisions. In Minnesota, it is generally illegal to drive with a BAC of 0.08% or higher. DWI or drunk driving charges may range from first degree DWI (under Minn. Stat. § 169A.24) to fourth degree (Minn. Stat. § 169A.27).
Hit and run:
A “hit and run” is a term used to describe a situation in which a person involved in a motor vehicle accident leaves the scene without stopping to identify themselves, provide information, or render assistance to others involved in the accident. Hit and run incidents can involve a collision between vehicles, a vehicle and a pedestrian, or a vehicle and a fixed object, such as a pole or building.
The specific statute that addresses hit and run offenses in Minnesota is Section 169.09, Subdivision 5. This section outlines the legal requirements for individuals involved in a motor vehicle accident, including the duty to stop, provide identification and assistance to injured parties, and report the accident to law enforcement. It also defines the criminal consequences for failing to fulfill these duties, which vary depending on the circumstances. Minn. Stat. § 169.09 Subd. 5.
Vehicular manslaughter:
Under Minnesota law, vehicular manslaughter or criminal vehicular homicide is a criminal offense that involves the unlawful killing of another person as a result of a person’s negligent, reckless, or grossly negligent operation of a motor vehicle. Minn. Stat. § 609.2112. There are varying degrees of vehicular manslaughter, based on the facts of the case and underlying circumstances.
License suspension proceedings:
Having your driver’s license suspended means that your privilege to drive legally has been temporarily revoked or withdrawn by the relevant licensing authority or court. During a license suspension period, you are not allowed to operate a motor vehicle on public roads or highways. In Minnesota, license suspension proceedings can occur for various reasons, including traffic violations, criminal offenses, and administrative actions.
The authority for such license suspensions or revocations typically comes from the following sections of MN law:
- 169.09 – Minn. Stat. § 169.09 addresses the duties of a driver involved in a traffic accident, including the requirement to provide identification and render assistance, as well as the consequences of failing to do so.
- 169.121 – Minn. Stat. § 169.121 deals with violations related to driving without a valid license, including penalties for driving on a suspended or revoked license.
- 169A.50 – Minn. Stat. § 169A.50 covers license revocation for DWI offenses.
There are several steps to these proceedings in MN, beginning with the issuance of a citation or notice, or a notice of intent to suspend. A driver who wishes to content the suspension may request a hearing, whereby their counsel may present evidence, witnesses, and arguments to contest the supervision.
Juvenile crimes – Juvenile crimes can range from theft to vandalism and include gang-related activities. Juvenile defense lawyers advocate for rehabilitation or alternative sentencing for minor infractions.
In Minnesota, juvenile courts typically have jurisdiction over individuals who commit crimes while they are under the age of 18. However, there are exceptions for certain serious offenses, where a juvenile may be charged as an adult. Juvenile crimes in Minnesota are primarily governed by Minn. Stat. § 260B, which focuses on the Juvenile Courts and Juvenile Offenders.
Other case types – Other cases that a criminal defense attorney may necessarily handle are not exclusive to the area of criminal defense. Criminal cases implicate civil issues in a number of situations, like when criminal acts have collateral consequences which serve as the basis for civil lawsuits.
In criminal cases involving restitution orders, the defendant is required to compensate the victim for losses suffered due to the criminal act. This can involve paying for medical bills, property damage, or other related expenses. While restitution is a criminal remedy, it involves financial compensation that is akin to civil damages.
In other criminal cases, a criminal defense attorney may negotiate a plea bargain on behalf of their client, which often involves admitting guilt to lesser charges or accepting a reduced sentence. Similarly, criminal cases or related orders may be effectively negotiated by a criminal defense attorney, to dismiss the criminal component by way of a civil agreement.
Having an experienced criminal lawyer in your corner can make all the difference in these types of criminal cases. Their intimate knowledge of the criminal justice system helps build the strongest defense to either get charges dismissed or aim for the most favorable outcomes possible. Furthermore, criminal defense attorneys with experience in civil law can afford their client numerous advantages when these areas of law intersect.