The holiday months may be the time for love and families, but there are certain crimes that also seem to prosper during the season of giving. Last year, Nazir Azfal, a prosecutor in the UK compiled a list of crimes which spike measurably in December around the holidays.
Harassment and Stalking: According to Azfal, he sees many harassment and stalking cases in which someone is attempting to reconnect with old relationships. In Minnesota law, the term stalking is used to describe a type of harassing behavior. The criteria is as follows:
- The actor knows or has reason to know would cause the victim to feel frightened, threatened, oppressed, persecuted, or intimidated
- Causes this reaction on the part of the victim
However, Minnesota law does not require any proof of intent when prosecuting harassment and stalking crimes. That is, the state need not provide any proof that the defendant has willfully attempted to frighten, threaten, persecute, intimidate, or oppress the plaintiff.
Harassment is a gross misdemeanor in Minnesota, punishable by 1 year in jail and a $1,000 fine. There are several factors, however, which can heighten a harassment offense to a felony charge. If the harassment was motivated by race, if the defendant impersonated another person, or if the defendant carried a weapon, this would be punishable by up to 5 years in jail and a $10,000 fine.
DWI/DUI
The holiday festivities and celebrations are often accompanied by adult beverages consumed in excess. As we have already reported, MN law enforcement agencies have increased their DWI patrols through the holiday season to crack down on intoxicated drivers. The penalties for DWI vary greatly depending on the situation and the offender’s criminal record.
Assault
Driving isn’t the only crime that intoxicated holiday party-goers partake in during the merriment. Azfal reported that his office sees an influx of alcohol-fueled assaults during December. Assault penalties in Minnesota vary depending on the details of the offense.
Shoplifting
Many holiday gifters see the season of giving as a time to become Robin Hood. In Minnesota, shoplifting (theft) is a misdemeanor if the value of the stolen goods is less than $500, punishable by up to 90 days in jail and a $1,000 fine. As the value of the stolen goods increases, and certain other conditions are introduced to the offense, the severity of the charge and the ensuing punishment also increases.
The holiday season may be a time of good cheer, but police and the criminal justice system won’t give you a break in the spirit of Saint Nick. If you are arrested or charged with a crime in Minnesota, even a misdemeanor, contact an experienced MN criminal defense attorney right away.
