Facing Treason Charges Under § 609.385? A Minnesota Lawyer Explains the Fight for Your Life.
You find yourself in a position that is almost unimaginable for any citizen. The words on the charging document feel like they belong in a history book, not a modern Minnesota courthouse: Treason. This is the most serious and politically charged accusation the state can level against a person. It suggests you have betrayed the very community you are a part of. The allegation likely stems from actions you believe were misunderstood—a protest that went too far, an association that was misconstrued, or words of dissent that the government is now attempting to frame as an act of war. You are facing a mandatory sentence of life in prison. Your freedom, your future, your name, and your legacy are all on the line.
The weight of this charge is designed to crush you. It’s an accusation meant to isolate you and paint you as an enemy of the people. You are not just fighting a legal case; you are fighting a political narrative. You need more than just a criminal defense lawyer; you need a fearless constitutional defender who understands the immense stakes and is not afraid to challenge the government at its highest level. I have dedicated my career to defending the rights of individuals across Minnesota, from the federal courthouse in Minneapolis to the county seats of Ramsey, St. Louis, and Olmsted counties. I know that a charge of this magnitude requires a defense that is equally powerful, strategic, and unyielding. You do not have to face this fight alone.
The Ultimate Accusation: What is Treason in Minnesota?
In Minnesota, a treason charge is not about criticizing the government, engaging in heated political debate, or even expressing radical ideas. The bar for this crime is extraordinarily high, as it should be. Treason is an act of ultimate betrayal, legally defined as actively making war against the state or providing direct aid to its enemies. Facing Minnesota treason charges means the government is accusing you of taking concrete, warlike actions to undermine the state itself. This is a universe away from simple protest or civil disobedience. It requires a specific set of actions and a clear, treasonous intent.
The law outlines two specific ways a person can commit treason. The first is “levying war” against Minnesota. This involves an organized, forceful attempt by multiple people to prevent the state from functioning—essentially, an insurrection. The second is “adhering to the enemies of this state, giving them aid and comfort.” This prong requires the existence of a formal “enemy”—something more than a political opponent or a protest group—and proof that you deliberately helped that enemy. Understanding the precise, narrow definition of what is treason in Minnesota is the first step in dismantling the state’s case against you.
The Law Itself: Minnesota Statute § 609.385
The foundation of the state’s case against you is Minnesota Statute § 609.385. This is not a law that is used lightly. Its language is specific and carries the weight of history. To build your defense, you must first understand the exact law the prosecution will use to try and take away your freedom for life.
609.385 TREASON.
Subdivision 1.Definition. “Levying war” includes an act of war or an insurrection of several persons with intent to prevent, by force and intimidation, the execution of a statute of the state, or to force its repeal. It does not include either a conspiracy to commit an act of war or a single instance of resistance for a private purpose to the execution of a law.
Subd. 2.Acts constituting. Any person owing allegiance to this state who does either of the following is guilty of treason against this state and shall be sentenced to life imprisonment:
(1) levies war against this state; or
(2) adheres to the enemies of this state, giving them aid and comfort.
Subd. 3.Testimony required. No person shall be convicted of treason except on the testimony of two witnesses to the same overt act, or on the person’s confession in open court.
The Anatomy of a Treason Charge: What the State Must Prove
For the state to convict you of treason, it must overcome one of the highest burdens of proof in the entire criminal justice system. The framers of the U.S. and Minnesota Constitutions were wary of allowing the government to use treason as a tool to crush political dissent, so they built powerful safeguards directly into the law. We will attack the state’s case at every single point, forcing them to meet this immense burden. If they fail on even one element, they cannot convict you.
- Allegiance to Minnesota: The very first thing the prosecution must prove is that you owe “allegiance” to the state of Minnesota. For most residents, this element is met simply by living within the state’s borders and enjoying the protections of its laws. However, it is a required jurisdictional element that the state must formally establish. We will force the prosecution to prove this foundational fact before we even begin to address the substance of the allegations.
- A Specific Overt Act: Treason cannot be based on your thoughts, your words, or your secret plans. The state must prove that you committed a specific, physical “overt act” of levying war or giving aid and comfort to an enemy. A conspiracy or a plan is not enough. This act must be an open, observable action. We will challenge the state to identify this alleged act and provide concrete proof that it actually happened, arguing that their case is built on mere talk, association, or protected advocacy, not on criminal conduct.
- Treasonous Intent: It is not enough to show that you committed an act. The prosecution must prove beyond a reasonable doubt that you did so with treasonous intent—the specific goal of betraying the state of Minnesota. The statute itself provides a defense if your resistance was for a “private purpose.” We will argue that your actions, if they occurred at all, were motivated by something other than treason, such as a desire to protest a specific policy, a personal grievance against the government, or an act of civil disobedience designed to draw attention to a cause.
- The Two-Witness Rule: This is perhaps the most powerful protection you have. The state cannot convict you of treason on the testimony of a single person. They must produce two separate witnesses to the exact same overt act. Alternatively, you must make a full confession in open court. This is a massive evidentiary hurdle. We will rigorously cross-examine the state’s witnesses, exposing inconsistencies in their stories and demonstrating to the jury that the state cannot meet this incredibly high constitutional standard of proof.
The Stakes of a Treason Conviction: A Life Sentence
When you are facing a charge of treason in Minnesota, there is no ambiguity about the potential punishment. The law does not provide for a range of outcomes or judicial discretion at sentencing. The stakes are absolute, and it is critical that you understand exactly what a conviction means for your future. The penalties for treason in Minnesota are the most severe the state can impose.
Mandatory Life Imprisonment
If you are convicted of treason under Minnesota Statute § 609.385, the judge has no choice. The sentence is mandatory life imprisonment. This is not a situation where a skilled lawyer can argue for a lesser sentence after a conviction. There are no lesser-included offenses to plead to within the statute. The verdict of guilty carries with it an automatic and irreversible sentence of spending the rest of your natural life in a Minnesota correctional facility. This is the reality we are fighting to prevent.
From Protest to Prosecution: How Treason Charges Could Arise in Minnesota
A treason charge in modern Minnesota would not look like a revolutionary war battle. It would almost certainly arise from a situation where political actions, protests, or associations are aggressively reinterpreted by prosecutors as acts of war. The government would take a set of facts and stretch the definition of treason to fit, creating a politically charged case designed to make an example out of you.
These charges are exceedingly rare, so any such prosecution would be navigating uncharted territory. Here are some plausible, though extreme, scenarios where you could find yourself facing a Minnesota treason accusation.
A Rochester Environmental Protest
You are part of a highly organized environmental group in the Rochester area protesting the construction of a new facility. To stop what you see as an imminent environmental disaster, your group coordinates a large-scale blockade, physically shutting down major transportation routes and actively resisting law enforcement attempts to clear the area for days. Your group’s public statements declare an intent to “stop the functioning of the state until it capitulates.” Prosecutors could seize on this, arguing your coordinated, forceful action constitutes an “insurrection…to prevent the execution of a statute.”
A Sovereign Citizen Standoff Near Plymouth
As a member of a “sovereign citizen” group near Plymouth, you believe state laws do not apply to you. When sheriff’s deputies arrive to execute a search warrant or an eviction order, your group forms an armed perimeter and forcibly repels them. The standoff lasts for days, with your group publicly declaring your property an independent enclave. A prosecutor might argue this is a clear act of “levying war” by using force and intimidation to prevent the execution of Minnesota law.
An Online Activist in St. Paul
You are a vocal online activist living in St. Paul, and you become involved with an international hacktivist collective. This group is later designated by the U.S. government as being an agent of a foreign adversary. The state of Minnesota could follow suit and declare it an “enemy.” If prosecutors find evidence that you provided the group with technical assistance, financial support, or sensitive information about state infrastructure, they could charge you with “adhering to the enemies…giving them aid and comfort.”
An Anti-Government Militia in the North Woods
You belong to a militia group near Duluth that engages in paramilitary training. Your group believes the state government is tyrannical. During a period of civil unrest, your group seizes a state armory to acquire weapons, intending to “defend the people” against the state government. Even if you never fire a shot, the act of organizing an armed force to seize state property with the intent to oppose the government by force could be charged as levying war.
Defending the Unthinkable: How to Fight a Treason Charge in Minnesota
A treason charge is a direct assault on your liberty, often aimed at silencing dissent. The defense against such a charge must be equally aggressive, rooted in the fundamental principles of the U.S. and Minnesota Constitutions. We will not be intimidated by the gravity of the accusation. We will challenge the government’s narrative, question its motives, and hold it to the highest possible standard of proof.
Our defense strategy will be comprehensive and relentless. We will attack the factual allegations, the legal definitions, and the constitutionality of the prosecution itself. This is more than a criminal defense; it is a fight to protect the line between protected political speech and criminal conduct. The government has overreached, and we will push back with the full force of the law.
Your First Amendment Rights: Speech, Protest, and Assembly
The First Amendment protects your right to speak, to assemble, and to protest your government. A treason charge is often an attempt to criminalize these protected activities. We will build a firewall around your constitutional rights.
- Protected Political Speech: We will argue that your words, online posts, or membership in a political group, no matter how radical, constitute protected speech. The government cannot prosecute you for what you think or say. We will file motions to dismiss the charges on the grounds that they violate your First Amendment rights.
- The Right to Protest: We will demonstrate that your actions were acts of protest or civil disobedience, not acts of war. We will draw a clear line for the jury between a citizen demanding change and a traitor seeking to overthrow the state. The history of our country is built on protest, and we will not allow the prosecution to criminalize it.
Lack of Treasonous Intent
The state must prove you intended to betray Minnesota. We will argue that your intent was something else entirely, dismantling a key element of the prosecution’s case.
- Action for a “Private Purpose”: The statute itself says that resistance to a law for a “private purpose” is not treason. We can argue that your actions were motivated by a personal grievance, a desire to protect your own property, or another private reason, not a grand scheme to levy war against the state.
- Intent to Protest, Not Betray: We will present evidence about your motivations, showing that your goal was to raise awareness, stop a specific project, or voice opposition to a policy. We will argue that your intent was to be heard by your government, not to destroy it.
Attacking the Evidence and the Two-Witness Rule
The state’s case is only as strong as its evidence. We will dissect every piece of it, especially the testimony of their witnesses.
- Failure to Prove an Overt Act: We will argue that the state’s evidence is all smoke and no fire. They may have evidence of angry words, online chats, or attendance at a protest, but we will argue that they have no proof of a concrete, physical overt act of treason. Without an overt act, there can be no conviction.
- Destroying the Two-Witness Requirement: This is a powerful constitutional shield. We will depose and aggressively cross-examine the state’s two witnesses. We will look for any inconsistency, any motive to lie, and any doubt in their testimony. If their stories do not match perfectly regarding the same overt act, the state’s case falls apart.
High-Stakes Questions: Your Minnesota Treason FAQs
Will I go to jail for treason in Minnesota?
If you are convicted of treason, the sentence is mandatory life in prison. Because of the severity of the charge, it is extremely likely that a judge would deny bail, meaning you would be held in jail while your case is pending.
Can a treason charge be dismissed before trial?
Yes. A primary strategy would be to file pretrial motions to dismiss the charges. We could argue that the statute is being applied unconstitutionally, that it violates your First Amendment rights, or that the state simply does not have enough evidence to meet the high burden of proof, especially the Two-Witness Rule.
Do I need a lawyer for a treason charge in Minneapolis?
Yes, absolutely and without question. This is arguably the most complex and serious criminal charge a person can face. You need a defense attorney with deep knowledge of constitutional law and the courage to take on a high-profile, politically charged case. Attempting to face this alone would be a catastrophic mistake.
How long does a treason charge stay on your record in Minnesota?
A conviction for treason is permanent and cannot be expunged. It is a lifelong mark that will follow you for the rest of your days in prison.
What is the difference between state and federal treason?
The U.S. Constitution defines treason against the United States. The Minnesota statute defines treason against the state of Minnesota. While the concepts are similar (levying war, aiding enemies), they are separate offenses prosecuted by separate governments (federal vs. state).
Is just talking about overthrowing the government treason?
No. The First Amendment protects even radical speech. Treason requires a concrete, physical “overt act.” The state must prove you did something, not just that you said or thought something.
What is the “Two-Witness Rule” in more detail?
The state must present at least two eyewitnesses who testify under oath that they personally saw you commit the very same overt act of treason. For example, if the overt act is planting a bomb, two witnesses must both testify they saw you plant that bomb. One witness seeing you buy the materials and another seeing you at the scene is not enough.
Can my online posts be used against me?
Your online posts can be used as evidence against you, likely to try and prove your intent. However, the posts themselves are not the “overt act.” The state must still prove you committed a physical act of treason and corroborate it with two witnesses.
Who qualifies as an “enemy” of the state of Minnesota?
This is a key legal question. An “enemy” would likely need to be a formal, declared enemy of the state or the nation, such as a foreign country with which we are at war, or a group formally designated as an enemy combatant. A political protest group or a domestic organization would likely not qualify.
Can a non-citizen be charged with treason in Minnesota?
The statute applies to “any person owing allegiance to this state.” Generally, any resident of Minnesota, citizen or not, is considered to owe allegiance to the state because they live here and receive the protection of its laws.
What if I was forced or coerced into helping an enemy?
This could form the basis of a duress defense. We would argue that you did not act with treasonous intent, but rather out of a reasonable fear of immediate death or serious bodily harm to yourself or your family.
Can I get a plea bargain for a treason charge?
Given the mandatory life sentence, a plea bargain for the crime of treason itself is unlikely. However, it might be possible to negotiate with the prosecutor to have the treason charge dismissed in exchange for a plea to a different, lesser felony offense.
Beyond the Prison Walls: The Lifelong Impact of a Treason Conviction
A treason conviction is not just a legal outcome; it is a judgment that redefines your identity in the eyes of society forever. While the immediate consequence is a life sentence, the meaning of the conviction echoes far beyond the prison walls.
The Absolute End of Your Freedom
A conviction for treason results in mandatory life imprisonment. This is not a sentence with the possibility of parole. It is a sentence to die in prison. You will lose every freedom you have ever known, confined to a correctional facility for the remainder of your days. Every plan, every dream, every relationship will be severed by the finality of this sentence.
The Permanent Erasure of Your Civil Rights
Upon conviction, you cease to be a participating member of society. You will permanently lose the right to vote, the right to own a firearm, the right to serve on a jury, and the right to hold public office. You are, for all legal purposes, permanently exiled from the civic community.
The Devastating Impact on Your Family and Legacy
Your family will be forced to live with the aftermath of your conviction. They will bear the social stigma and the personal pain of having a loved one branded a traitor. Your name, instead of being associated with your life’s accomplishments or your character, will be forever linked in public record and memory to the most infamous crime a citizen can commit.
A Mark on History
A treason conviction is a rare and significant historical event. Unlike other criminal convictions, it becomes a part of the state’s political history. Should you be convicted, your case will be studied and debated for years to come, and your name will be recorded not just in court files, but in the historical narrative of Minnesota.
Why You Need a Fearless Constitutional Defender for Your Treason Case
When the state brings its full power against you in a treason prosecution, you need a lawyer who is not intimidated. You need a defender who sees this not just as a criminal case, but as a high-stakes constitutional battle over the very meaning of loyalty, dissent, and freedom.
This Is More Than a Criminal Case—It’s a Constitutional Battle
A treason prosecution is inherently political. It touches on the most fundamental rights we have as citizens, especially the First Amendment. Your defense must be a sophisticated constitutional defense. I will build a case that not only challenges the facts but also challenges the government’s authority to bring the charge in the first place, arguing that it is an unconstitutional overreach designed to punish political dissent.
Dissecting the Prosecution’s Case, Witness by Witness
The Two-Witness Rule is your most powerful shield, and I know how to wield it. I will conduct exhaustive depositions and investigations into the state’s witnesses. In the courtroom, my cross-examination will be surgical and relentless, designed to expose every contradiction, every bias, and every failure of memory. I will show the jury, witness by witness, that the state cannot meet its constitutionally mandated burden of proof.
Navigating Uncharted Legal Territory
A Minnesota treason case is modern legal terra incognita. There is no playbook to follow. This requires a lawyer who is a creative and resourceful strategist, capable of researching obscure legal history, drawing on constitutional principles, and crafting novel arguments from the ground up. I am prepared to build the innovative and powerful defense that a case of this magnitude requires.
Fighting for Your Life, Your Freedom, and Your Voice
The stakes could not be higher. The state is trying to take your life and silence your voice forever. My commitment is to fight for you with everything I have. From the initial investigation through pretrial motions and, if necessary, a jury trial, I will be your unwavering advocate and your champion. In every courtroom across Minnesota, from Minneapolis to the most remote county, I am ready to stand against the government and fight for your freedom.