If you’ve been charged or are facing criminal charges for a 2nd-degree drug crime, we at Arechigo & Stokka know that you have questions. Many people going through the criminal justice system are doing so for the very first time. You are understandably scared. When you reach out to the experienced Minnesota criminal defense attorneys at Arechigo & Stokka, we will carefully explain your options to you and develop a defense strategy to obtain the best possible outcome in your case. This page is the starting point to understanding your options for avoiding 2nd-degree felony punishment. What Are the 2nd Degree Drug Crimes in Minnesota? Second-degree drug crimes are serious felony offenses, with punishment ranging from supervisory probation to years of jail time. Minnesota law classifies drug crimes in the 2nd degree by sale or possession. The following are Minnesota’s drug crimes in the 2nd degree. The sale of a controlled substance is a 2nd-degree drug crime when it involves: 10 or more grams of a narcotic drug other than heroin, Three or more grams of heroin, 10 or more kilograms of marijuana, Three or more grams of cocaine or methamphetamine plus possession of a firearm, Three or more grams of cocaine or methamphetamine plus three aggravating factors (aggravating factors may include things like gang involvement or selling to a minor), 10 or more grams or 50 or more dosage units of amphetamines, PCP or hallucinogens, Sale of cocaine or narcotics to a minor or employing a minor to sell those substances, or Sale of narcotics, LSD, MDA, methamphetamine, amphetamines, or five or more kilograms of marijuana in a park zone, school zone, public housing zone, or drug treatment facility. Additionally, possession of a controlled substance is a 2nd-degree felony when it involves: 50 or more grams of a narcotic drug other than heroin, Six or more grams heroin, 25 or more kilograms or 100 plants of marijuana, 25 or more grams cocaine or methamphetamine, 10 or more grams cocaine or methamphetamine plus possession of a firearm, 10 or more grams cocaine or meth plus three aggravating factors, or 50 or more grams or 100 or more dosage units of amphetamines, PCP, or hallucinogens. If you’ve been charged with any one of these crimes, prepare for your case by calling Arechigo & Stokka today to discuss your options. What Is the 2nd Degree Felony Punishment? Second-degree felony punishment in Minnesota follows the presumptive sentencing guidelines written by The Minnesota Sentencing Guidelines Commission. Following the 2016 Drug Sentencing Reform Act, the Commission adopted the Drug Offender Grid that sets presumptive punishments for drug crimes. The Drug Offender Grid ensures fairness and consistency so that bias doesn’t adversely affect basic principles of justice. The judge in your case will use a two-part test to determine your punishment, following the grid’s ranking of the severity of the crime and the offender’s Criminal History Score. The Guidelines rank second-degree drug crimes as a D7, the third-highest severity of drug offenses. If this is your first felony offense, your previous offense was over 15 years ago, or you otherwise have a criminal history score of 0 or 1, a judge will likely grant you a stayed sentence. A stayed sentence usually means supervisory probation and may require rehabilitation activities, like using local drug programs and resources. If you have a higher criminal history score because of prior felonies, custody status at the time of the offense, prior misdemeanors or gross misdemeanors, or prior juvenile adjudications, you may face time in prison. The average prison sentence given for all drug crimes in 2019 was 42 months or three-and-one-half years. Judges have the discretion to consider aggravating or mitigating factors and increase or decrease your punishment accordingly, up to the statutory limits. The maximum punishment for a 2nd-degree drug crime is imprisonment up to 25 years or a fine of up to $500,000. Will the Presumptive Punishment on the Drug Offender Grid Be My Punishment? From 2001 through 2005, 39% of drug offenders with presumed prison sentences on the Drug Offender Grid were sentenced with probation. Under the Guidelines, the conviction offense is the primary factor, and criminal history is a secondary factor in sentencing decisions. You may be eligible for a waiver of custody points or a challenge to the severity ranking of certain prior crimes (usually out-of-state crimes for which there is no Minnesota law). Our goal at Arechigo & Stokka is to minimize the consequences of your situation. Because the sentencing guidelines are highly complex and take various factors into account when determining penalties, having an experienced criminal defense attorney on your side is the best way to get the justice you deserve. The defense attorneys at Arechigo & Stokka have the experience to help you identify and understand the options for your unique situation. Arechigo & Stokka Knows Minnesota Sentencing Guidelines When you’re facing 2nd-degree felony punishment, hire a firm with decades of experience and hundreds of cases under their belts. Arechigo & Stokka has successfully helped a number of clients facing serious drug charges avoid severe penalties. Minnesota Lawyer recognized John Arechigo as the 2019 Attorney of the Year, and John has experience dealing with 2nd-degree drug charges. Contact us for a no-cost consultation today at our offices in St. Paul, MN, or Fargo, ND. We strive to be accessible and will work with you to get the best outcome for your individual case.Read More
If you have been charged with a crime or were injured at work,
there is no room for error when it comes to your case.
Don’t take a chance with your future. Hire a criminal defense attorney or workers compensation lawyer who has handled hundreds of cases.
The criminal defense lawyers and workers comp lawyers of Arechigo & Stokka provide direct, personal attention to your case. Our attorneys are committed to achieving your case goals, no matter the type of injury or criminal charge.
Cases We Handle
Pick Your Case Type:
"I reached out to John Arechigo about a case I had and John was outstanding. He made the process very easy for a person who does not know how the process work, and accomplished the goal I wanted. My experience was very positive and I would highly recommend John to anyone who need to have their case looked into or dismiss. Would definitely reach out to John if ever a problem should arise for any future help."- J Thao
"Best Attorney in MN! Thank you to Mr. John Arechigo and everyone at Arechigo & Stokka, P.A for the exceptional job they did with our case. Because of their professional knowledge, dedicated efforts, hard work, and compassion, we got the outcome that we needed. If you ever need an exceptional attorney for any sort of civil forfeiture, John Arechigo of Arechigo & Stokka, PA is the only law firm I would call. We are grateful and thankful for all they have done to help us get our property back."- Monica K
"The legal expertise provided by John was nothing less than exceptional. When a sibling of mine was facing multiple serious felonies and in dire need of top-notch representation, John was the man. In and out of the court room, he's knowledge and professional are second to none. Throughout the case, he restored hope into our family. He delivered as he stated, and now we have our family back together. This man is worth every penny, he gets the job done. "- Safi Khalif
"I have been a client of Arechigo & Stokka for nearly a decade. They provide exceptional legal representation and maintain good working relationships with various judges and prosecuting attorneys in the Twin Cities area. They are well versed in the current laws which are continually changing. This allows them to quickly adapt, if needed, in order to offer the best legal strategy possible for a given case. Arechigo & Stokka treat each case with the utmost importance, work promptly to advocate for their clients’ needs, and communicate openly with each regarding the status of their particular case."- Abigail Peterson
"John Arechigo is an absolute miracle worker. My friends and I have used him multiple times. Extremely knowledgeable and a wizard in the court room. John always answers his phone and will be with you every step of the way through the legal process. Highly recommended!"- Bryan Larson
"John was a true professional. He listened to and understood all of my questions, and he always provided a quick and thorough response. If I ever find myself in another situation where a lawyer is necessary, I will not hesitate for a second to call him!"- Mack Ziemer
"While facing some serious felony level charges that would have potentially put me away for awhile, John's legal expertise proved otherwise. He was very coherent, competent, and consistent in fulfilling his duties throughout the entire process. His constant communication and knowledge about the law kept me at ease, knowing that I had one of the best defense attorneys in MN on my team."- Mubashir Jeilani
"John is professional, extremely knowledgeable and empathetic. He always answered any questions I had in a timely matter and I felt that he was truly invested in my case from start to finish. I would highly recommend him and his firm."- Ted Spiess
From The Blog
Many people think about acute traumatic injuries when it comes to workers’ compensation claims. While most claims involve injuries that can be attributed to a single event, a decent percentage involve repetitive strain injuries, such as carpal tunnel syndrome. Understandably, injured workers want to know, Can carpal tunnel be filed under workers’ compensation benefits? You could have a valid workers’ compensation claim for benefits if you can show a link between your carpal tunnel and your work duties. Have you received a carpal tunnel syndrome diagnosis and need assistance with a workers’ compensation claim? If so, contact an experienced Minnesota workers’ compensation benefits lawyer at Criminal Defense Attorney & Workers’ Compensation Law Offices of Arechigo & Stokka. What Is Carpal Tunnel Syndrome? Carpal tunnel syndrome involves compression or damage to your median nerve, which is in your hand and forearm. There are several different reasons people develop carpal tunnel, including repetitive motions, such as typing, or daily overexertion. In other cases, it can result from acute trauma. It’s crucial to take extra care at work to protect yourself from repetitive stress injuries. Consider proper posture control, ergonomic workstations, regular breaks, etc. Without these precautions, you could be putting yourself at greater risk for repetitive stress injuries, including carpal tunnel syndrome. According to the Bureau of Labor Statistics, 2019 data shows 17,160 cases of reported work-related injuries involving repetitive motions out of 888,220 total cases. The breakdown is: 4,420 injuries from repetitive motions involving unspecified microtasks; 2,170 injuries from typing, key entry, texting, or using a mouse; 3,670 injuries caused by the repetitive use of tools and instruments; 5,200 injuries caused by the repetitive grasping, placing, or moving objects other than tools; 620 injuries from the repetitive use of hands and not involving tools; 500 injuries from multiple types of repetitive motions; and 590 injuries caused by repetitive motions involving other microtasks. It’s essential to understand the potential signs of carpal tunnel development. Symptoms of carpal tunnel include: A burning sensation in your hand, palm, or fingers; Numbness or tingling in your fingers or hand; Weakness in your finger grip; Pain when you are typing or writing for an extended period of time; and Feeling of swollenness or actual swollen fingers. If you are having any of these symptoms, it’s crucial to seek medical treatment right away. What Compensation Is Available from Workers’ Compensation Benefits? Carpal tunnel injuries can be painful and interfere with multiple aspects of your life. You may be missing time from work, but you also may struggle with daily activities at home because of carpal tunnel syndrome. The benefits you receive through work can help reimburse you for a portion of your lost wages and other expenses related to your claim, such as the cost of physical therapy necessary to treat your carpal tunnel symptoms. Carpal tunnel syndrome can be serious. Don’t attempt to fight for benefits on your own. You should be concentrating on your recovery and what the future holds. However, you need to pursue a workers’ compensation claim because you could be entitled to benefits. This financial assistance can help you pay your bills and find a new line of work if necessary. Collecting Workers’ Compensation for Carpal Tunnel Injuries Before you can successfully collect workers’ compensation benefits for carpal tunnel syndrome, you must show how your job caused the injury. Carpal tunnel is a covered condition under Minnesota workers’ compensation benefits. However, proving your job caused it isn’t always easy. Part of the problem is that some workers are unaware they have early symptoms, while others don’t realize the carpal tunnel symptoms they are experiencing are due to their job. Recognizing symptoms early on can help prevent further damage to your hand or wrist and help you receive workers’ compensation benefits. Suppose you are unable to return to work full time. In that case, your potential settlement could include disability compensation or retraining so you can work again in a different capacity or field. How a Minnesota Workers’ Compensation Attorney Can Help At the law offices of Arechigo & Stokka, we understand what a stressful time it is for you and your family when you can’t work because you’re suffering from carpal tunnel syndrome. We know you have concerns about your job and you need to receive the maximum amount of compensation possible. Know that you aren’t alone. Our legal team has years of experience helping injured workers like you. We can help you get the benefits you are entitled to in a worker’s compensation case. If you filed a claim for workers’ compensation benefits for carpal tunnel syndrome and it was denied, do not worry. You have the right to appeal the denial. It’s actually common for initial claims to be denied. Sometimes, the rejection is for something minimal, such as missing documentation, and easily fixed. Once you provide the missing information or documentation, the decision might be reversed and benefits approved. The experienced workers’ compensation attorneys at Arechigo & Stokka know exactly what goes into a claim, and we are ready to help you through all steps of the process, from filing the initial paperwork to appealing a denial. When you retain a Minnesota workers’ compensation attorney at Arechigo & Stokka, we will handle all the stressful and frustrating legal aspects of your claim while you heal. Contact our office today to schedule a free, no-obligation consultation to learn more about how we can assist you. Let us review the facts of your case and help you determine the best course of action.Read More
Suffering from an occupational disease that was caused by work can be a horrible experience. Usually, these conditions are much more serious than a pulled muscle or broken arm and can be quite scary, especially when you are unable to work. You may feel concern and anxiety about how to pay your bills and put food on your family’s table. To add insult to injury, many employers fight these workers’ compensation claims and deny medical benefits and wage loss benefits. If this is happening to you, you need skilled and knowledgeable Minnesota occupational disease workers’ compensation lawyers fighting for your rights and the benefits you deserve. What Is an Occupational Disease Under Workers’ Compensation Law? When most people think of a work-related injury, they think of something like a fall, broken bone, pulled muscle, or some other type of physical injury. But under Minnesota law, a “disease” can also be considered a work-related injury. Minnesota Statute Section 176.011 defines occupational disease as: Mental impairment, Physical disease arising out of and in the course of employment peculiar to the occupation in which the employee is engaged, Physical stimulus resulting in mental injury, or Mental stimulus resulting in physical injury. These diseases are caused by exposure to certain substances and work environments. Minnesota workers are often exposed to many chemicals, substances, and processes on a daily basis that can cause diseases and medical conditions. Here are some of the more common occupational diseases we see in our St. Paul workers’ compensation practice: Cancer, Lung disease, Asthma, Silicosis, Diseases of the blood, COPD, Breathing difficulty due to chemical exposure, Heart attack, Post traumatic stress disorder (PTSD), Myocarditis, Coronary sclerosis, Pneumonia or its sequel, and Communicable diseases spread through the treatment of patients. Most occupational diseases are permanent and can cause a worker to be totally disabled from work. In many instances, these diseases arise due to employment in factories, production facilities, foundries, warehouses, or hospitals, and other medical facilities. What Are the Deadlines for Filing a Minnesota Occupational Disease and Workers’ Compensation Claim? Occupational diseases are treated differently under Minnesota law than other work injuries. To receive workers’ compensation benefits for occupational diseases like cancer, asthma, or silicosis (among others), a claim has to be made with your employer within three years of the date that the disease was discovered and determined to be work-related. How Are Occupational Diseases for First Responders and Health Care Workers Treated Under the Law? For first responders or health care workers (such as EMS, nurses, or doctors) who contract a disease, there is a rebuttable presumption that the disease was caught while at work. If the employee can demonstrate through medical evidence that the disease is present in their system, then Minnesota workers’ compensation law will presume the employee caught it at work. However, the law allows the employer to rebut this presumption if it can produce evidence to demonstrate the employee acquired the condition outside of work. Is COVID-19 Considered an Occupational Disease and Can an Employee File for Workers’ Compensation Benefits If They Contract COVID-19? Minnesota Statute Section 176.011 declares that the contraction of COVID-19 is considered an “occupational disease” and an employee can file a claim for benefits. It is presumed the COVID-19 diagnosis is work-related if two elements are met. First, the employee must have been employed in a particular field identified in the statute. Those eligible include: Firefighters; Paramedics; Nurses and health care workers; Correctional officers; Security counselors employed at a corrections, detention, or secure treatment facility; Emergency medical technicians; Health care providers, nurses, and assistants employed in long-term care facilities who care for COVID patients; and Those who provide child care to first responders and health care workers. Second, the employee must obtain a positive lab test or a diagnosis from a physician. However, even if the employee proves these two elements, the employer can submit evidence to rebut the connection to work by demonstrating that the employee did not catch COVID-19 at work but was exposed to the virus in some other setting. The Minnesota Occupational Disease Lawyers at Arechigo & Stokka Are Here to Help with Your St. Paul Workers’ Compensation Claim If you have suffered from an occupational disease caused by your work environment, you need to have skilled and knowledgeable lawyers fighting for your rights to receive workers’ compensation benefits, including both medical benefits and wage benefits for as long as necessary. Our lawyers have successfully handled hundreds of Minnesota workers’ compensation cases. Contact us online or call Arechigo & Stokka at 651-505-5943 to learn more about the services we provide to injured workers in Minnesota.Read More