Criminal Sexual Conduct

CASE LAW UPDATE:  Defendant brought motion for downward durational departure in sentencing

Defendant was convicted of 1st degree criminal sexual conduct.  Defendant brought a motion for a downward durational departure in sentencing.  For a  downward durational departure motion to be successful, it is usually based upon whether or not the offense in question was less serious than a typical offense of this type.  Defendant’s motion for a downward departure was denied.  On appeal, the Minnesota Court of Appeals held that defendant presented no mitigating factors to support a downward durational departure.  Affirmed.

State v. Birgans, A19-1282, St. Louis County.

Minnesota Criminal Defense Lawyer was not attorney of record in this case.

By |2020-05-04T02:21:59+00:00May 4th, 2020|Victories/Case Law Updates|0 Comments

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