14
Feb

Lying to Police is not Obstruction of Legal Process in Minnesota

Case Law Updates, Gross Misdemeanors / Misdemeanors
Obstruction of legal process in Minnesota is a very serious charge, but it also can be overcharged by cops that are inpatient or simply out to get a defendant. One way in which we have seen it overcharged is when a defendant is not cooperating or lyi…
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28
Jul

Disorderly Conduct - Fighting Words

Constitutional Rights, Criminal Charges, Gross Misdemeanors / Misdemeanors
The common-law crime of disturbing the peace (n.k.a. disorderly conduct) used to be broadly defined to include any behavior which disturbed the peacefulness of citizens. States took it upon themselves to codify this rule under disorderly conduct stat…
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22
Apr

Sex Crimes - "Sexual or Aggressive Intent" - Defined

Felonies, Gross Misdemeanors / Misdemeanors, Sex Crimes/Child Pornography Crimes
Minnesota’s sex crimes require a specific intent that is undefined by statute. In order for the State to prove a defendant committed criminal sexual contact, it must show that the defendant committed the contact with “sexual or aggressive…
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28
Sep

Interference with Privacy in Minnesota

Criminal Charges, Felonies, Gross Misdemeanors / Misdemeanors
Interference with privacy is a gross misdemeanor offense that can rise to felony level charges depending on the circumstances. The general concept of what interference with privacy means may make sense. But the statutory definitions are complex in tr…
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17
Jul

Leaving the Scene of an Accident - Hit and Run

Criminal Charges, Felonies, Gross Misdemeanors / Misdemeanors, Traffic Violation
Accidents happen. They don’t necessarily result in criminal charges – after all, they are called accidents. But sometimes, an accident can lead to criminal charges for failing to properly obey the traffic laws or if a driver leaves the sc…
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15
Jun

Nonconsensual Dissemination of Private Sexual Images - Revenge Porn Law

Criminal Charges, Felonies, Gross Misdemeanors / Misdemeanors, Sex Crimes/Child Pornography Crimes
Sexting and similar communications have led to the oversharing of explicit images. To combat that, Minnesota enacted a revenge porn law to criminalize the improper sharing of sexually explicit images. The crime is actually called: Nonconsensual Disse…
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26
Apr

Reckless Driving Attorney

Criminal Charges, Gross Misdemeanors / Misdemeanors, Traffic Violation
A Minnesota Reckless Driving offense is one of the most serious non-DWI traffic charges. It is a misdemeanor to start with, but could become a gross misdemeanor if there is a certain amount of harm caused by the reckless driving conduct. With such se…
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1
Mar

Carrying While Under the Influence

Case Law Updates, Criminal Charges, Gross Misdemeanors / Misdemeanors, Gun Rights
In Minnesota, it is illegal to be carrying while under the influence of alcohol or controlled substances. The offense can be either a misdemeanor or gross misdemeanor, requiring possible jail and/or a heavy fine, not to mention revocation of the pers…
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25
Feb

Criminal Damage to Property Attorneys

Criminal Charges, Felonies, Gross Misdemeanors / Misdemeanors
Criminal damage to property in Minnesota is a felony, gross misdemeanor, or misdemeanor, depending on the nature of the circumstances and amount of damage that occurred. Any conviction for this type of crime not only has serious criminal consequences…
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11
Jan

Substantial Bodily Harm Defined - Minnesota Assault

Assault, Felonies, Gross Misdemeanors / Misdemeanors
The level of harm is often the distinction between whether an assault or obstruction of legal process charge is a felony or not. Central to this analysis is the term: “substantial bodily harm.” If the victim suffers substantial bodily har…
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