First Degree Criminal Sexual Conduct
Minnesota Sex Crimes Defense Lawyer
Facing an accusation of First Degree Criminal Sexual Conduct (CSC) in Minnesota is one of the most serious sex crimes charges a person can face. A conviction carries the possibility of decades in prison, massive fines, and mandatory lifetime registration as a sex offender. Even before trial, the allegation alone can destroy reputations, careers, and families. If you or a loved one is charged with CSC in the first degree, you need an experienced Minnesota sex crimes defense attorney who understands the law, the stakes, and how to fight aggressively for your rights.
At Lundgren & Johnson, PSC, we represent individuals accused of sex crimes across Minnesota. We know the complexities of these cases and the importance of building a strong, strategic defense.
What Is First Degree Criminal Sexual Conduct?
Under Minnesota Statute § 609.342, First Degree CSC is the most severe sex crime in the state. It generally involves sexual penetration accompanied by certain aggravating circumstances. These include:
- The victim is under 13 years old and the actor is more than 36 months older.
- The victim is between 13 and 16 years old, and the actor is more than 48 months older, or in a position of authority.
- The defendant is related to or in a position of authority over the victim.
- The act causes personal injury to the victim, or a dangerous weapon is used.
- Multiple actors are involved in the offense.
- The victim is mentally impaired, physically helpless, or intoxicated, and the defendant knew or should have known of the condition.
In short, CSC in the first degree is charged when the law considers both the sexual act itself and the circumstances to be especially egregious. These are not minor allegations, they are among the most aggressively prosecuted sex crimes in Minnesota.
Penalties for First Degree CSC in Minnesota
The consequences of a conviction are severe:
- Prison time: Up to 30 years.
- Fines: Up to $40,000.
- Mandatory conditional release: Following prison, defendants face years of supervised release.
- Sex offender registration: Lifetime registration is required, with significant restrictions on where you can live, work, and travel.
- Collateral consequences: Loss of employment, housing, professional licenses, immigration status, and irreparable damage to personal relationships.
Because Minnesota treats sex crimes with the utmost seriousness, judges and prosecutors pursue harsh penalties. These cases can permanently alter every aspect of a person’s life.
Real World Examples of First Degree Criminal Sexual Conduct Charges
Understanding how these cases arise can help illustrate the breadth of the law. Some common scenarios include:
- Child allegations: A babysitter, step-parent, or neighbor accused of sexually penetrating a child under 13.
- Position of authority: A teacher or coach accused of sexual conduct with a student.
- Violent encounters: An allegation involving force, threats, or the use of a weapon.
- Incapacitation: Claims that the victim was unconscious, asleep, or too intoxicated to consent.
These scenarios highlight why sex crimes defense requires careful investigation. Every case is unique, and many allegations come down to one person’s word against another’s.
Defenses Against First Degree Criminal Sexual Conduct and Other Sex Crimes
Being accused does not mean you are guilty. At Lundgren & Johnson, we approach every case with the presumption of innocence and develop defenses tailored to the facts. Common strategies include:
- Challenging credibility: Many sex crimes cases rest on testimony alone. We examine inconsistencies, motives to lie, or suggestive interview techniques.
- Lack of evidence: DNA, medical, or forensic evidence may not support the allegations.
- Consent disputes: In some adult cases, the key issue is whether the act was consensual.
- Mistaken identity: In certain situations, the accused may not have been the perpetrator.
- Violation of rights: If police violated constitutional rights during arrest, interrogation, or search, evidence can be suppressed.
An experienced sex crimes defense lawyer in Minnesota can expose weaknesses in the state’s case and fight to protect your future. Our sex crimes lawyers have obtained dismissals and acquittals cases involving serious criminal sexual conduct allegations.
Our lawyers are also experienced in mitigating case outcomes and sentences in the event that their client desires to plead guilty or is found guilty after a trial. The sex crimes lawyers at Lundgren & Johnson, PSC, have obtained dispositional departures so their clients received probation instead of prison, negotiated for pleas to less serious offenses so that their clients could avoid prison, and have negotiated pleas that have avoided felony convictions for people originally charged with a felony.
Why You Need a Skilled Minnesota Sex Crimes Lawyer
First-Degree CSC charges are among the most aggressively prosecuted sex crimes in Minnesota. Prosecutors dedicate special units to sex offenses, and law enforcement often uses advanced investigative tactics. Without a strong legal defense, defendants face overwhelming odds.
At Lundgren & Johnson, PSC, our attorneys:
- Have deep knowledge of Minnesota’s CSC laws, forensic evidence, prosecutorial strategies, and sex crimes statutes.
- Conduct thorough investigations, including interviewing witnesses and consulting forensic experts.
- File motions to suppress improperly obtained evidence.
- Develop trial strategies that highlight reasonable doubt.
- Negotiate when appropriate to reduce or dismiss charges.
- Zealously advocate at the time of sentencing for our clients that have decided to plead guilty. Our defense lawyers have over 25 years of experience raising and arguing sentencing motions for mitigated sentences.
We understand that your life, freedom, and reputation are at stake.
Taking Action Immediately Matters
If you have been arrested or are under investigation for First-Degree Criminal Sexual Conduct or another sex crime, time is critical. Anything you say to police can be used against you, and early mistakes can have devastating consequences. Do not attempt to explain yourself to investigators or the alleged victim. Instead:
- Remain silent and assert your right to an attorney.
- Contact a defense lawyer immediately.
- Preserve evidence such as text messages, emails, or witness names, after consulting with an attorney.
- Avoid discussing the case with anyone other than your lawyer.
The sooner you secure representation, the stronger your defense can be.
Our Commitment to Clients
At Lundgren & Johnson, PSC, we approach every case with dedication, discretion, and respect. We know that allegations of sex crimes carry enormous stigma. We treat every client with dignity, ensuring they receive both compassionate guidance and aggressive defense.
Our mission is simple: to protect your rights, tell your side of the story, and fight tirelessly for the best possible outcome.
Call for a Confidential Consultation
If you or someone you love is charged with First-Degree Criminal Sexual Conduct or another sex crime in Minnesota, do not wait to seek legal help.
Contact Lundgren & Johnson, PSC today for a free and confidential consultation. We serve clients in Minneapolis, St. Paul, all of the Twin Cities, and throughout the entire State of Minnesota.
- Call us at (612) 767-9643
- Or contact us online using our contact form.
