In the state of Minnesota, criminal sexual conduct offenses are classified by five levels, depending on the severity. Offenses range from first-degree offenses, which are felonies, down to fifth-degree offenses, which are gross misdemeanors. Sexual conduct offenses are classified by circumstance, available evidence, or any prior criminal sexual offenses the offender might have. What Is Criminal Sexual Conduct in the Third Degree in Minnesota? Under Minnesota law, sexual penetration is a third-degree sexual conduct crime under the following circumstances: The victim is under 13 years old, and the offender is no more than three years older; The victim is at least 13 years old, but less than 16 years old and the offender is no more than two years older; The victim is at least 16 years old, but less than 18, and the offender is more than four years older and in a position of authority; The victim is at least 16 years old, but less than 18, and the offender has a significant relationship with the individual; The victim is a patient of a psychotherapist, and there is an active patient-therapist relationship; The offender is a member of the clergy, the victim isn’t married to him or her, and the victim was seeking the offender’s advice or counseling; The offender is an employee or volunteer at a juvenile correctional facility, and the complainant is in custody there; or The actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless. While these are the most common circumstances, situations are assessed on a case-by-case basis. When Alcohol is Involved Third-degree criminal sexual conduct is often seen in situations where alcohol is involved, and an individual complains of sexual misconduct while intoxicated and unable to give consent. When alcohol plays a part and people participate in sex while inebriated, it is challenging to accurately reconstruct the incident. Punishments for Third-Degree Criminal Sexual Conduct in Minnesota The penalty for criminal sexual conduct in the third degree in Minnesota includes up to 15 years in prison and/or fines up to $30,000. Registration as a sexual offender is also required. Remedies for Third-Degree Criminal Sexual Conduct in Minnesota When charged with criminal sexual conduct in the third degree, your criminal defense attorney may raise several possible defenses. A successful defense may reduce the penalty or, in some cases, help achieve a not-guilty verdict. Mistake of age is a defense only when the complainant is at least 13 years of age but less than 16. In this situation, the burden is placed on the actor to prove that they reasonably believed that the victim was at least 16 years old. Outside of this, mistaken age is not typically used as a defense. Consent may be raised as a defense in some instances. Under Minnesota law, there are various limitations on the use of consent. Even if the complainant can prove consent, it may be limited in: Cases where the victim is below the age of consent; Encounters where the offender holds a position of authority over the victim; Situations where there is a significant relationship between the offender and victim, including parents, step-parents, guardians, or any relation by blood; or Situations where special trust exists, like patient-therapist relationships. Your criminal defense attorney can assess your particular situation and help you decide what defense to raise. Hiring a Criminal Defense Attorney Criminal sexual conduct in the third degree is a serious offense. A trustworthy and reliable attorney is an invaluable ally in this fight. Our team at Arechigo & Stokka has gained extensive criminal defense skills through decades of experience and hundreds of cases. We believe in working together with our clients to secure the best possible outcome in every case. Contact us today to schedule your free consultation, and let us help you.Read More
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"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
Workplace injuries are a common occurrence in any occupation. High-risk jobs are not the only kinds of jobs that put an employee at risk of workplace injuries. And most often, workplace injuries happen when you least expect them. Workplace injuries may result in many difficulties, including lost wages, medical bills, and permanent or temporary disability. Common Workplace Injuries According to the National Safety Council, there is a workplace injury every seven seconds. The most common kinds of injuries keeping workers from being able to work are: Sprains, strains, or tears; Soreness or pain; and Cuts, lacerations, or punctures. These injuries are typically a result of the top three common workplace injuries. 1. Overexertion Overexertion accounts for approximately 34% of work-related injuries. Employees that run the risk of overexertion are typically those in occupations requiring physical work. Overexertion occurs with frequent lifting or lowering and repetitive motions. To prevent overexertion, it is recommended that you avoid bending, reaching, or twisting when lifting heavy objects. Taking short breaks while working also gives your body a chance to rest. 2. Contact with Objects and Equipment Work equipment is the cause of 26% of workplace injuries. These injuries occur when you are struck by equipment, caught in equipment, or hit, caught, or crushed in collapsing structure, equipment, or material. It is crucial to use caution when using or surrounded by equipment at work. To prevent work accidents with equipment, it is best to store heavy objects on or close to the floor, be fully aware of moving equipment or parts in your work area, and wear the proper protective gear. 3. Slips, Trips, and Falls This category accounts for about 26% of workplace injuries. Slips and trips can be very common on the job, whether it be on uneven or wet flooring or unnoticed objects on the ground. Falls may also occur if your work requires you to be at a height or you frequently use stairs or ladders. To attempt to prevent these kinds of accidents, it is best to try to place the base of ladders on solid, even surfaces, practice good housekeeping in the workspace, and inspect any climbing equipment before use. Occupations with the Largest Number of Workplace Injuries Common workplace injuries occur the most within the following occupations: Service (firefighters and police); Transportation/shipping; Manufacturing/production; Installation, maintenance, and repair; and Construction. These occupations are the most likely to have employees suffer workplace injuries due to the nature of their work. When to Contact a Workers’ Compensation Attorney Common workplace injuries happen all too often, and many of them can be prevented. Using care and caution while working can help you, and those around you, avoid work-related injuries. While most workplace injuries can be prevented, they are a widespread occurrence. Should you be injured in a workplace accident, a workplace injury lawyer is an excellent resource for help and guidance. Our team at Arechigo & Stokka has decades of experience helping employees get the compensation they deserve after work-related accidents. We make the client and their needs our top priority, working with them through a trying situation. Let us assess your case and see how we can help you. Contact us today and schedule your free consultation.Read More
Your driver’s license or ability to drive in Minnesota will be revoked if a chemical test of your blood alcohol content reveals a BAC over .08. Driving privileges will also be revoked if you refuse to submit to a chemical test. However, work permits, also known as limited licenses, are available. Eligibility for a Minnesota limited license depends on specific requirements: It must be a first time DWI; Your blood-alcohol level must have been below 0.16; and You must be employed or be a full-time homemaker. If you are eligible under these requirements, then you may apply for a work permit 15 days after the expiration of your temporary license or 22 days after the date of your arrest. Here, we explain how to get a driving work permit in Minnesota. 1. The Written Test To apply for a limited license, you must first pass a written exam. The test is comprised of questions relating to drinking and driving. You may take the test at any time, and you do not need to wait for your license to be revoked to take it. To study for the test, review chapters 7 and 8 of the Minnesota Driver’s Manual. 2. Pay a Reinstatement Fee After passing the exam, you must pay a reinstatement fee of $680. Once the fee is paid, you may fill out a reinstatement application and pay the new license fee of $26.75. Under Minnesota laws, your application must explain your inability to take the bus or use ridesharing to get to and from work. 3. Meet with an Evaluator After all of the above has been completed, you may proceed with your application for the limited license. You must meet with an evaluator or administrator from the Department of Public Safety to get approval. Eligibility for a work permit in Minnesota also depends on your driving record and whether you have any previous DWIs. If you have multiple DWIs and these prior offenses were within 10 years of the current offense, you may not qualify for a work permit. A criminal defense attorney can help you assess your case and provide you with advice and options. Restrictions Even if you are approved for a work permit in Minnesota, certain restrictions come along with it. Such restrictions include: What days you are permitted to drive; What hours in the day you are allowed to drive; and For what reasons you may drive. In most cases, you may only be allowed to drive to and from: Work; School; Treatment required for the DWI; and Necessary locations that meet family needs. Situations are assessed on a case by case basis, and additional conditions may be granted. Contact a DWI Attorney Today Every case is different, and a DWI attorney can help you navigate through this process. Our team at Arechigo & Stokka has extensive experience helping individuals with DWI charges achieve the most favorable outcome. Let us discuss your case and see how we can assist you. Contact us today to schedule your free consultation.Read More