Is Sexual Assault a Misdemeanor or a Felony in Minnesota?

Facing an accusation of sexual assault in Minnesota is a daunting situation requiring a clear understanding of your rights under the law. The classification of a sexual assault charge as either a gross misdemeanor or a felony carries significant legal implications, affecting everything from the potential consequences to how your lawyer may approach the case. While most sexual assaults are charged as felonies, there are exceptions to this rule. An experienced sexual assault defense attorney can investigate your case and help you fight for your rights and freedoms. 

If you have been charged with sexual assault in Minnesota, it is essential to contact an experienced criminal defense attorney as soon as possible. At Knutson + Casey, our attorneys have over 30 years of experience helping the criminally accused safeguard their rights as they fight their charges. We understand the impact a conviction can have on your life and will fight relentlessly for the best possible outcome on your behalf. 

Is Sexual Assault Always a Felony in Minnesota?

Minnesota takes sexual assault charges seriously, and most sexual assaults are charged as felonies. Those convicted may face severe consequences, such as significant time behind bars and tens of thousands of dollars in fines. Additionally, convicted felons often face additional challenges after their sentences are served, such as difficulty finding employment or a place to live. 

However, sexual assault may be charged as a gross misdemeanor under certain circumstances. Fifth-degree sexual assault involves nonconsensual sexual contact and is often charged as a gross misdemeanor. However, it may be escalated to a felony if you have a prior conviction. Additionally, those charged with fifth-degree sexual assault do not have to register as sex offenders in Minnesota. 

Defenses Against Sexual Assault Charges

Depending on your case’s unique circumstances, your attorney may use several strategies to fight for your charges to be dropped or reduced. A few defenses we may employ include the following:

• Alibi: You were somewhere else when the crime occurred. 
• Misidentification: The victim or eyewitnesses mistook you for the assailant. 
• Consent: The victim consented to the sexual act. While this is a common defense, it may not be applicable if the victim was underage, intoxicated, or mentally incapacitated. 
• False accusation: While this does not happen often, someone may allege sexual abuse occurred when it did not. 
• Lack of evidence: In criminal cases, the burden of proof falls on the prosecution. When the evidence is insufficient, your charges may be reduced or dismissed. 

When you partner with a skilled attorney from Knutson + Casey, we will work tirelessly to craft a solid defense on your behalf. We recognize that no two sexual assault cases are exactly alike and will personalize our approach to your unique circumstances. 

Discuss Your Case With a Skilled Sexual Assault Defense Attorney at Knutson + Casey

If you have been charged with sexual assault in Minnesota, the stakes are too high to leave the outcome of your case to chance. At Knutson + Casey, our attorneys have dedicated their careers to helping the criminally accused defend their rights. We understand how challenging and stressful a sexual assault accusation can be and will guide you through every step of Minnesota’s complex justice system. When you retain our services, you can trust us to fight aggressively for your rights and future. 

To schedule a free consultation and learn more about how we can help you, call us today at (507) 344-8888 or complete our contact form.