Sexual assault charges are among the most serious a person can face—and they carry lasting personal, legal, and professional consequences. Under Minnesota law, these offenses encompass a wide range of conduct involving non-consensual sexual contact or penetration. A conviction may result in lengthy prison sentences, substantial fines, and mandatory sex offender registration.
These cases are complex, emotionally charged, and difficult to navigate through the system. The stakes are high, and the impact on a person’s reputation, relationships, and future can be devastating—even before a case reaches court.
At Brandt Kettwick Defense, we understand how isolating and overwhelming it can be to face these allegations. Our attorneys take a careful, strategic approach to every case, ensuring that your rights are protected and your voice is heard at every stage of the process. We offer clear guidance, steady support, and experienced legal judgment grounded in decades of trial work.
If you are under investigation or have been charged with sexual assault, it’s important to seek counsel right away. Contact Brandt Kettwick Defense to schedule a confidential consultation and learn how we may be able to help.
At Brandt Kettwick Defense, we’ve guided clients through some of the most serious criminal charges a person can face—including all degrees of criminal sexual conduct. These charges vary in severity, but many carry the potential for prison time, registration as a predatory offender, and lifelong personal and professional consequences. Here’s how Minnesota categorizes these offenses:
First-Degree Criminal Sexual Conduct (Minn. Stat. § 609.342)
This is the most serious sexual offense, involving sexual penetration combined with aggravating factors such as use of force or a weapon, coercion, threats, or a victim who is physically helpless, mentally impaired, or under a certain young age. It also applies when the accused holds authority over the victim or when the offense occurs repeatedly over time. Convictions are felonies punishable by up to several decades in prison,fines, mandatory predatory offender registration, and long-term supervised release.
Second-Degree Criminal Sexual Conduct (Minn. Stat. § 609.343)
This charge involves sexual contact (rather than penetration) with similar aggravating factors as first-degree offenses. It is a felony punishable by up to many years in prison, fines, predatory offender registration, and long-term supervised release.
Third-Degree Criminal Sexual Conduct (Minn. Stat. § 609.344)
Third-degree charges involve sexual penetration without the aggravating factors needed for first-degree charges. This includes cases where the victim is unable to consent due to age, mental incapacity, intoxication, or power imbalances such as between therapists and clients or correctional staff and inmates. Penalties include potential years in prison, fines, predatory offender registration, and many collateral consequences.
Fourth-Degree Criminal Sexual Conduct (Minn. Stat. § 609.345)
Fourth-degree offenses cover non-consensual sexual contact without penetration and without the aggravating factors required for second-degree charges. Victims may be incapable of consent due to age, impairment, or power dynamics. This felony carries penalties of up to several years in prison, fines, registration as a predatory offender, and court-ordered treatment.
Fifth-Degree Criminal Sexual Conduct (Minn. Stat. § 609.3451)
This degree covers non-consensual sexual contact and indecent exposure, as well as lewd acts committed without consent. First offenses are generally gross misdemeanors punishable by up to about a year in jail. Repeat offenses or cases involving minors may be elevated to felonies..
Definitions of Consent and Incapacity
Under Minnesota law, consent must be informed, voluntary, and clearly communicated. The law recognizes that certain people cannot legally consent to sexual activity. These people include minors, anyone unconscious or physically helpless, and individuals under the influence of alcohol or drugs to the point of incapacitation.
Incapacity is not limited to unconsciousness. It includes any condition where someone cannot understand or control what is happening. The law does not excuse conduct because the accused believed the other person was consenting—as long as that belief was not reasonable under the circumstances. This can be a “gray” area that becomes a question of fact for a jury to decide.
Sexual assault allegations are among the most serious and emotionally charged in the criminal justice system. These cases can be complex, and the consequences of a conviction are life-altering. At Brandt Kettwick Defense, we understand what’s at stake. Our attorneys provide experienced, strategic, and compassionate representation from the very beginning—working closely with clients to make informed decisions at every step.
In many cases, the outcome hinges on credibility, consent, and the strength of the state’s evidence. Sometimes the central question is whether the act occurred at all; other times, it’s whether it was consensual. Either way, we tailor our defense to the unique facts of your case, always with honesty and clarity about what your legal options are.
Common defense strategies include:
In addition to factual defenses, our attorneys also examine whether the government followed proper procedures. If law enforcement violated a defendant’s constitutional rights—for example, through an illegal search, seizure, or interrogation—key evidence may be excluded from trial. Procedural and Constitutional defenses may include:
We work with forensic experts, medical professionals, and psychologists to carefully review the evidence, assess trauma-related claims, and provide a full picture of what occurred.
When appropriate, we may also pursue resolution through plea negotiations. Our role is not to overpromise, but to give you a clear, realistic understanding of what the path forward looks like. In some cases, we’ve helped clients avoid registration or secure reduced charges through tailored resolutions—but only after a full review of what’s possible in your specific situation.
At Brandt Kettwick Defense, clients trust us because we are direct, experienced, and deeply committed to protecting their future. If you or a loved one is facing a sexual assault charge in Minnesota, we’re here to help you understand your rights and your options—without judgment and with the utmost discretion.
Being charged with sexual assault is overwhelming—legally, emotionally, and personally. A conviction can lead to prison, mandatory sex offender registration, and lasting damage to your reputation, relationships, and career. But in these high-stakes situations, you are not alone. At Brandt Kettwick Defense, we understand the human side of these cases. We listen without judgment, explain your options clearly, and work as a team to protect your rights and your future.
Every case is different, and a strong defense must be grounded in the specific facts of your situation. We help by:
With decades of combined experience and a collaborative firm culture, our attorneys don’t approach cases in isolation. While you’ll work directly with a lead attorney who knows your story, you’ll benefit from the support of a team that regularly consults with one another to develop the best strategies for each client.
We know this process is personal and difficult. Our clients often tell us they felt heard, supported, and protected throughout. That sense of security isn’t accidental—it’s the result of clear communication, realistic advice, and a shared commitment to doing right by every person we represent.
If you’ve been accused of a sexual offense in Minnesota, don’t wait to get experienced legal counsel. Contact Brandt Kettwick Defense today to find out how we can stand with you, protect your rights, and help you move forward.
The attorneys at Brandt Kettwick Defense have successfully handled complex and high-stakes criminal cases throughout Minnesota. Our firm understands the law, the stakes, and the importance of a thorough, fact-driven defense. Whether by challenging the state’s evidence, negotiating a resolution, or taking the case to trial, our team works tirelessly toward one simple goal: to be honest with you while achieving the best possible outcome for each client.
If you are facing a sexual assault investigation or have been charged under Minnesota’s criminal sexual conduct statutes, contact Brandt Kettwick Defense today.
