How Did Kim Potter Avoid an Upward Departure in Minnesota and How Can You?
Prior to the sentencing of Kim Potter, the State filed a motion that sought an upward departure at sentencing. The prosecutors argued because of former Officer Potter’s position of authority, this justified even more time in prison. Essentially, this could allow the judge to sentence Ms. Potter to even more than the typically sentencing guidelines. The 1st degree manslaughter could have resulted in a guidelines 86 months in prison and the 2nd degree manslaughter could have resulted in 48 months in prison. Motions like these are common in certain kinds of cases including murder cases, criminal sexual conduct or rape cases, serious assault cases and cases involving large sums of money.
How Did Kim Potter Get a Downward Departure in Minnesota and How Can You?
Regardless of the kind of case, there are an almost unlimited number of factors that can drive prosecutors to seek an upward departure. Even further, the Judge will also look closely at multiple factors including:
Position of authority whether it be police or parent/guardian
Multiple victims;
Multiple penetrations in criminal sexual conduct cases;
Serious physical injury to a victim, both short and long term;
Serious mental injury to a victim, both short and long term;
Presence of children;
Particular cruelty;
Lack of remorse;
Targeting based upon a protected class, i.e. race, gender, orientation;
Similar priors convictions or acts;
Extensive planning and premeditation.
While the State has the burden to establish the justification for the upward departure, they are frequently double dipping in that the very facts which resulted in the conviction are the same ones used to make the sentence even worse.
“The State is frequently double dipping in that the very facts which resulted in the conviction are the same ones used to make the sentence even worse.”
In order to avoid upward departures, it is critical to have an experienced criminal defense attorney who has extensive experience handling sentencing in serious cases including murders, rape cases, assault cases and financial cases. Understanding what the state is trying to argue and being able to distinguish between their arguments and the facts of the case are critical. If not, the result could be multiple additional years in custody.
Jack Rice appears on AM 950 to discuss the Kim Potter sentencing, upward departures, downward durational departures and downward dispositional departures. Knowing the difference and how to effective move a judge is critical the likes of Ms. Potter or anybody charged with serious crime.
Jack Rice is a Board Certified Criminal Defense Specialist and Founder of Jack Rice Defense. He has handed thousands of cases around the Twin cities and across Minnesota. If your criminal case involves the potential of “going upward,” contact Jack Rice Defense for a free confidential consultation or call 651-447—7650 or 612-227-1339.