Rape is one of the most serious allegations covered by criminal law in Minnesota. This offense carries steep penalties, and the accusation alone can harshly impact your reputation. However, you have the right to fight back with a dedicated sex crimes attorney by your side.
Before you consider pleading guilty, you could benefit from a discussion with a Mankato rape lawyer from Kohlmeyer Hagen Law Office, Chtd. The right defense strategy could make a difference in the outcome of your case, and our legal team will work diligently to gather the necessary evidence to help secure the best possible outcome.
While many states have a broad range of criminal statutes related to sexual offenses, Minnesota takes a different approach. State law provides for a single broad offense known as criminal sexual conduct that applies to a wide range of unlawful behavior.
This offense comes in five degrees, which are the categories of seriousness for each charge. They are ranked from highest to lowest in terms of severity, with a first-degree crime carrying the stiffest penalties. The traditional notion of rape, which is a non-consensual sexual act, is generally covered by third-degree criminal sexual conduct and above. Working with a Mankato attorney who is familiar with the nuances of rape cases is wise as, at the highest level, a conviction can result in between 12 and 30 years in prison on top of a $40,000 fine.
Every defense begins with a thorough review of the facts. This information can inform a defendant or the person being accused of what outcome they might expect. When a defense strategy is particularly strong, it may be possible to push the state to dismiss the charges entirely. When they refuse to do so, a victory at trial is the next option.
There are times when the evidence held by the prosecution is enough to obtain a conviction. In this scenario, it may be worth considering a plea bargain. Negotiating with the state can potentially result in reduced charges or a lesser sentence compared to what would be handed down at trial.
However, only the accused person can decide which option they want to take. A Mankato attorney could provide advice and counsel when it comes to pleading guilty to rape, negotiating for lesser charges, or taking the case to trial. Their role is to advise, but the accused must make the final decision on how to proceed.
There are many potential defense strategies that a Mankato attorney could pursue in a rape case. The strongest possible approach is often consent. Ultimately, this criminal charge involves forced sexual acts. If the defendant can make a case that the encounter was consensual, it could result in an acquittal.
Another common approach is to challenge the state’s evidence directly. The prosecution has the burden of proof, meaning they must show beyond a reasonable doubt that a rape occurred. Highlighting their lack of evidence might be enough to prevail.
False allegations can also lead to an arrest for criminal sexual conduct. Using text messages or evidence to cast doubt on the truthfulness of the reporting witness might also lead to a better outcome at trial.
When facing any serious allegations of wrongdoing, it is crucial to remember that you have the right to a vigorous defense. Instead of accepting your fate, you can have the best chance of securing a favorable outcome in your case by fighting back with the assistance of a Mankato rape lawyer.
Let our experienced legal team help protect your constitutional rights. Call our firm today to schedule an initial consultation to discuss your situation.
