Minneapolis Felony Lawyer
Representation for Felony Charges in Minnesota
Felonies make up the worst crimes in Minnesota law and can be the most harshly penalized by the criminal justice system. In fact, felonies, by definition, will include at least one year in prison as part of their sentencing options. If you have been accused of a felony in Minnesota, you must be aware that your future is on the line and in the sights of prosecutors eager to land a conviction.
Entering the legal fray, Brockton D. Hunter P.A. and our team of dedicated Minneapolis felony attorneys are prepared to stand by your side. Our prominence arises from an unwavering commitment to our clients, guiding them with legal counsel and advocacy that exemplifies tenacity. We understand that each felony charge presents its unique challenges and demands an approach tailored to the details of the accusation and the client's circumstances. With our hands-on experience in Minnesota criminal law, we fight diligently to ensure the best possible results for those we represent.
Take the first step in protecting your rights, call us today at (612) 979-1112 or contacting us online.
What is a Felony in Minnesota?
Minnesota has just one class of felony, unlike other states that may categorize them by severity. For any serious crime that falls into felony status, it is seen in the same stark, negative light as the next. Penalties upon convictions vary depending on a judge’s discretion. Furthermore, understanding the nuances of felony charges helps in strategizing an appropriate defense. Knowing that even first-time offenders can face life-altering consequences stresses the importance of a robust legal defense aimed at safeguarding one's future and reducing potential sentences or mitigating charges effectively.
What Crimes Are Considered a Felony?
Criminal acts that constitute a felony in Minnesota include:
- Criminal sexual conduct: Aggressive or violent sexual acts against an unwilling individual may be punished with 30 years in prison and a $40,000 fine.
- Criminal vehicular conduct: Using an automobile to commit or aid a crime is a felony; if those actions result in someone’s death, it could be penalized with a $10,000 fine and up to 10 years in prison.
- Domestic assault: Sometimes called domestic violence, a domestic assault conviction could include 5 years of prison time and a steep fine. Possible restitution to the accuser may be ordered.
- Drug crimes: Many drug- or narcotic-related crimes are considered felonies; this includes selling, possessing, or manufacturing a variety of controlled substances, such as cocaine or marijuana. Penalties vary based on the drug in question but typically end in a 5-year prison sentence.
- First-degree murder: The premeditated killing of another individual can be penalized by a life sentence without chance for parole.
- Simple robbery: Stealing an item of a certain value with force or intimidation can be considered a felony, punishable by 10 years in prison and $20,000 paid to the state, plus restitution to the victim.
- White collar crimes: Committing fraud that affects many people or gathers a large profit is considered a felony.
It should be noted that most federal crimes are automatically considered felonies, as they violate federal laws or were committed in more than one state. In other words, they are more severe by definition than a typical misdemeanor. Consequently, having an attorney who understands both state and federal felony implications is crucial in navigating such complex legal terrains and ensuring that no stone is left unturned in defending your case.
The Role of Minneapolis in Felony Defense
Minneapolis, as a hub of legal activity in Minnesota, plays a pivotal role in the landscape of felony defense. The city houses several district and federal courts where felony cases are prosecuted, often demanding rigorous defense strategies. Local trends in crime rates, as well as the judiciary's approach to sentencing, significantly influence the handling of felony charges. Thus, a deep understanding of Minneapolis' legal environment is crucial for any defense team. This local insight allows for strategic navigation of the system, ensuring that the nuances of Minneapolis-specific legal processes are well-managed to protect client rights and interests effectively.
Moreover, Minneapolis is home to a complex network of law enforcement and legal professionals who work within the speculative bounds of state and federal laws to prosecute accused individuals. Recognizing patterns and precedent in local cases offers valuable foresight for defense attorneys. By leveraging this expertise within the city's jurisdictional nuances, defense lawyers can provide their clients with informed, proactive counsel. This means more than just legal representation; it encompasses a holistic understanding of Minneapolis as a setting where laws, policies, and enforcement trends converge to impact the outcome of felony charges. This knowledge is invaluable, ensuring that legal defenses in Minneapolis are not only robust but also intimately informed by local context and dynamics.
Enhanced or Mandatory Penalties for Felonies in Minnesota
Minnesota has a system of enhanced or mandatory penalties for certain types of felonies. These penalties are intended to increase the severity of punishment for individuals who commit certain crimes. Enhanced penalties can arise from various aggravating factors, such as the use of a firearm, the particular vulnerability of the victim, or prior criminal history, reflecting the state’s stance on deterring repeat and particularly egregious offenses.
The enhanced penalties apply to individuals who commit certain offenses while in possession of a firearm and to individuals who have prior convictions for certain crimes. This provision reflects a zero-tolerance policy toward repeat offenders and aims to deter the escalation of criminal behavior.
For example, if a person is convicted of a felony while in possession of a firearm, the minimum prison sentence they will receive is three years. This mandatory minimum sentence can increase depending on the circumstances of the crime and the individual's criminal history. Understanding these nuances is critical for a defense strategy that mitigates the impacts of such penalties through comprehensive evidence presentation or plea bargaining where appropriate.
Similarly, if a person has been previously convicted of a violent crime or a serious drug offense, the mandatory minimum sentence for a subsequent offense will be longer than it would be for someone with no prior convictions. This demonstrates the state’s intent to protect society by incapacitating those viewed as habitual offenders.
It's important to note that not all felonies in Minnesota carry enhanced or mandatory penalties. These penalties are typically reserved for more serious crimes, such as murder, assault, and drug trafficking. Proactively addressing these potential penalties with a strategic legal approach can significantly impact the outcome, highlighting the necessity of experienced legal representation in these cases.
Common Defenses Against Felony Charges
Defending against felony charges requires a strategic approach tailored to the specifics of each case. Some common defenses include:
- Alibi: Demonstrating that the accused was in a different location at the time the crime was committed. This often involves presenting witnesses or evidence such as surveillance footage or receipts.
- Self-Defense: Arguing that any actions taken were necessary to protect oneself from imminent harm, especially in cases of assault or homicide. Key to this defense is establishing the reasonableness of the threat perceived and the proportionality of the response.
- Insanity or Mental Incapacity: Proving that the defendant was not in a sound mental state at the time of the crime and therefore lacked the capacity to understand their actions or distinguish right from wrong. Legal standards for this defense require thorough psychiatric evaluation and expert testimony.
- Mistaken Identity: Showing that the defendant has been wrongly identified as the perpetrator, which might involve eyewitness testimony or forensic evidence like DNA. In a world increasingly reliant on technology, digital evidence also plays a crucial role in proving or disproving involvement.
- Lack of Evidence: Challenging the prosecution's case by highlighting the absence of sufficient, credible evidence to support a conviction. This defense often leverages detailed procedural and forensic analysis to dispute evidence reliability.
- Constitutional Violations: Asserting that the defendant's rights were violated during the investigation or arrest, such as illegal searches and seizures, which can result in the exclusion of improperly obtained evidence. Upholding constitutional protections ensures fairness and integrity in the criminal justice process.
- Duress: Arguing that the defendant was forced to commit the crime under threat of immediate danger to themselves or others. Demonstrating duress involves proving the immediacy of the threat and the absence of other viable alternatives.
- Entrapment: Claiming that law enforcement induced the defendant to commit the crime they otherwise would not have committed. Critical in this defense is showing inducement rather than mere opportunity provided by law enforcement.
How a Minneapolis Felony Defense Lawyer Can Help You
A skilled Minneapolis felony defense lawyer can significantly improve your chances of a favorable outcome by utilizing these defenses effectively. They will thoroughly investigate the circumstances of your case, gather evidence, and challenge the prosecution's narrative. Experienced attorneys understand the nuances of the legal system and can identify weaknesses in the prosecution’s case, negotiating plea bargains or pursuing lesser charges when possible. With intimate knowledge of Minnesota’s legal intricacies, attorneys like those at Brockton D. Hunter P.A. are well-equipped to craft a robust defense strategy that mitigates risks and maximizes possibilities for charge reductions or dismissals. They also provide invaluable guidance and support throughout the legal process, ensuring that your rights are protected at every stage. From preparing you for each step of the court process to ensuring procedural accuracy and fairness, having adept legal support can mean the difference between conviction and acquittal.
Why Hiring Brockton D. Hunter P.A. Is the Best Choice
When facing such serious charges, hiring Brockton D. Hunter P.A. gives you access to a team of seasoned legal professionals known for their relentless pursuit of justice. Our attorneys have a proven track record of successfully defending clients against a wide range of felony charges. We combine in-depth legal knowledge with a personalized approach, tailoring our strategies to the unique aspects of your situation. Understanding that no two situations are identical, our tailored defense strategies revolve around detailed legal research, comprehensive evidence gathering, and strategic courtroom tactics. With Brockton D. Hunter P.A., you are not just another case file; you are a client we are committed to defending with the utmost dedication and tenacity.
Some of our accomplishments and accolades include:
- Super Lawyers® selection every year since 2011 (Attorney Hunter)
- 10/10 “Superb” Avvo rating for skills and ethics (Attorney Hunter)
- Satisfied client testimonials speaking of our hard work
- Extensive list of recent victories
For the challenge of a felony charge, you need the might of a defense law firm that is not afraid of any opposition. Contact our Minneapolis felony attorney today and we would be happy to explain to you all the reasons why we know we should be your first choice. Our firm’s commitment goes beyond legal representation; we pride ourselves on ensuring our clients are fully informed, supported emotionally, and empowered throughout the legal process. With our professional counsel, we aim to alleviate the burden of legal uncertainties, enabling you to navigate the complexities of the criminal justice system confidently.
Trial-Tested Defense Right By Your Side for Felony Charges in MN
There is nothing more important to our felony attorneys in Minneapolis than the well-being of our clients. We use a teamwork approach for our cases so we can bring our heads together to find the right, personally-tailored defense that most benefits our clients. Our goal is the dismissal of your charges; if this is not possible, we consider all avenues to find a way to have them reduced. It is even possible to have a felony charge reduced down to a simple misdemeanor. Our collaborative team approach ensures that every strategy is cross-examined by multiple legal perspectives, fostering creative solutions and thorough preparation for each court appearance.
Learn more about your legal options today by calling our Minneapolis felony lawyer at (612) 979-1112 or contacting us online.
Frequently Asked Questions About Felony Defense in Minneapolis
What Should I Do If I Am Charged With a Felony in Minneapolis?
If you are charged with a felony in Minneapolis, taking immediate action is critical. Firstly, ensure you fully understand the nature of the charges against you. Do not discuss your case with anyone other than your attorney, as anything you say can be used against you in court. Contacting a qualified felony defense attorney should be your next step. At Brockton D. Hunter P.A., our attorneys will provide you with the guidance you need to navigate the complexities of the legal process geared towards minimizing the impact of the charges and protecting your rights. We will help you understand the charges, potential penalties, and possible defenses, crafting a tailored strategy to address the accusations against you.
How Does the Felony Legal Process Work in Minnesota?
The felony legal process in Minnesota involves several stages, beginning with an arrest followed by an arraignment where charges are formally read. At this stage, the defendant may enter a plea. If the plea is not guilty, the case may progress to a pre-trial hearing where motions are made and evidence is reviewed. Eventually, the case may go to trial where a jury will render a verdict. The sentencing follows if the verdict is guilty. Throughout this journey, having experienced legal representation is vital in ensuring that every aspect of your defense is meticulously managed and that your rights are upheld. Brockton D. Hunter P.A. is committed to guiding clients through each phase, making sure they are informed and prepared every step of the way.
What Distinguishes a Felony From a Misdemeanor in Minnesota?
The primary distinction between a felony and a misdemeanor in Minnesota lies in the severity of the offense and the associated penalties. Felonies are more serious crimes, often involving significant harm or threat to individuals or the community. They are punishable by more than one year of imprisonment. Misdemeanors, however, are less severe offenses with potential penalties typically involving fines or imprisonment for up to one year. It's important to recognize the differences as they impact not only the legal approach but also the potential outcomes of the legal proceedings. Comprehensive legal guidance from Brockton D. Hunter P.A. ensures that defendants clearly understand the ramifications of their charges and receive defense strategies tailored to the specific nature of the accusations.
Can a Felony Conviction Be Expunged in Minnesota?
Expunging a felony conviction in Minnesota is possible, but it depends on various factors, including the nature of the crime and the individual's criminal history. Expungement is a legal process that seals a criminal record, making it inaccessible to the public. The eligibility for expungement can vary, but certain conditions such as demonstrating rehabilitation and the passage of time since conviction often play a role. While not all felonies are eligible, seeking advice from a knowledgeable attorney like those at Brockton D. Hunter P.A. can clarify your options. We provide comprehensive insight into the expungement process and can assist in filing petitions to clear your record, helping pave the way for a fresh start.
Why Is It Important to Hire a Local Felony Defense Lawyer?
Hiring a local felony defense lawyer offers significant advantages, particularly in understanding the unique legal environment of Minneapolis. Local attorneys possess specific insights into local judicial trends, legal practices, and the nuances of court procedures. This knowledge allows for a more strategically navigated defense, taking into account the proclivities of local prosecutors and judges. Additionally, localized attorneys like those at Brockton D. Hunter P.A. have established relationships within the local legal community, which can facilitate negotiations and favorable outcomes for clients. By choosing a local lawyer, defendants ensure they receive relevant, informed representation that is keenly aware of the intricacies of defending felony charges within Minneapolis.
Learn more about your legal options today by calling our Minneapolis felony lawyer at (612) 979-1112 or contacting us online.
OUR VICTORIES
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their case might be.
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The Result: Constitutional right to own firearms Gun Right Restoration: Right to Own Firearms Despite Felony Conviction
Our client, P.C. was convicted in the early 1990s for a felony offense which disqualified him from owning a firearm under Minnesota state and federal laws.
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Child Custody Victory Recent Divorce Case: Recouped Over $50,000 Worth of Pre-marital Funds and Assets
In 2014 a young single mother arrived in the law office of Brockton D. Hunter, P.A. desperate to tell her side of the story in a contentious divorce proceeding against her ex-husband.
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Not Guilty State of Minnesota v. Brady Zipoy
Not Guilty by Reason of Mental Illness verdict in State of Minnesota v. Brady Zipoy, a 2nd Degree murder case involving U.S. Marine veteran of the war in Syria, March 25, 2021.
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State of Minnesota v. FB
Stay of Adjudication Pursuant to Veterans Restorative Justice Act
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Not Guilty State of Minnesota v. Mustafa Shabazz
In June and July 2022 we won two back-to-back high profile jury trials, involving the same client, Mustafa Shabazz, a kids wrestling coach, who was falsely accused of sexually touching two of his wrestlers and prosecuted in two separate counties.
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Reduced STATE OF MINNESOTA v. N.J.: Client Charged With Gross Misdemeanor Third Degree Dui Pleads to Reduced Charge of Misdeameanor Four
N. J. Was charged with Third Degree DUI in Hennepin County after a blood test showed his blood alcohol content was .25, more than 3x the legal limit.