Charged Under § 609.594? A Minnesota Defense Lawyer Explains the Felony Case Against You.
You did not expect to be here. You’re holding a criminal complaint that accuses you of one of the most serious property crimes in Minnesota law: Damage to Property of a Critical Public Service Facility, Utility, or Pipeline. The language is dense and intimidating, and the charge itself feels like an exaggeration of what really happened. Perhaps you were involved in a protest that became chaotic. Maybe you were on property you didn’t realize was restricted, or you accidentally caused damage during another activity entirely. The police and the prosecutor, however, aren’t interested in nuance. They have already cast you as a saboteur, someone who deliberately intended to disrupt the essential services that society relies on.
This is a felony charge with the power to completely upend your life. You are facing the possibility of a decade in prison, fines that could bankrupt you, and a permanent criminal record that will follow you forever. The state will leverage the fear associated with attacks on public infrastructure to paint you in the worst possible light. They will argue that your actions, regardless of your actual intentions, posed a threat to public safety and order. You are in a fight against not just a prosecutor, but against a narrative that is designed to make you seem dangerous.
But you do not have to accept their story. I have defended clients across Minnesota, from the transit hubs of Minneapolis and St. Paul to the vast utility and pipeline networks that cross our state from Rochester to Duluth and beyond. I know that these cases are rarely as simple as the prosecution alleges. They are often built on weak evidence of intent and broad assumptions. Your story needs to be told, and your rights must be aggressively defended. You are not alone in this fight.
More Than Just Property Damage: What This Charge Really Means in Minnesota
A charge under Minnesota Statute § 609.594 is worlds away from a simple vandalism or trespassing offense. This law was specifically designed to punish what the state considers acts of sabotage against essential infrastructure. The core of the crime is not just that property was damaged, but that it was done with the specific intent to significantly disrupt the operations of a facility or the services it provides to the public. The entire case hinges on the prosecutor’s ability to prove what was in your mind at the time of the alleged incident. This charge criminalizes your supposed objective.
Facing an accusation of damaging a critical public service facility means the state believes you targeted the foundational systems of our society. This could include a railroad yard in St. Paul, an airport in Minneapolis, a bridge, an oil refinery, or a utility substation in a community like Eagan or St. Cloud. A “utility” can be an electric or gas company, a phone company, or a municipal water service. A “pipeline” covers the vast network carrying resources across the state. The gravity of a Minnesota § 609.594 charge comes from this context—the state is not just prosecuting property damage; they are prosecuting an alleged attack on the public good.
The Law in Black and White: Minnesota Statute § 609.594
The prosecutor’s entire case against you is built on the framework of a single law: Minnesota Statute § 609.594. To fight back effectively, you must first understand the precise legal language the state will use to try and convict you. They must prove every single component of this statute beyond a reasonable doubt. If they fail, their case falls apart.
Here is the exact language of the law that defines the crime you are charged with:
609.594 DAMAGE TO PROPERTY OF CRITICAL PUBLIC SERVICE FACILITIES, UTILITIES, AND PIPELINES.
Subd. 2. Prohibited conduct; penalty. Whoever causes damage to the physical property of a critical public service facility, utility, or pipeline with the intent to significantly disrupt the operation of or the provision of services by the facility, utility, or pipeline and without the consent of one authorized to give consent, is guilty of a felony and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.
The State’s High Burden: Deconstructing the Legal Elements of the Crime
The prosecutor cannot just tell a jury a scary story about infrastructure and expect a conviction. They have the highest burden of proof in the American legal system. They must present hard evidence to prove every single one of the following elements beyond a reasonable doubt. My entire focus will be on dissecting their case, challenging their evidence (or lack thereof), and demonstrating why they cannot meet this burden.
- The Act: Causing DamageFirst, the state must prove that you actually caused damage to physical property. This seems straightforward, but it can be contested. Was the damage pre-existing? Did your actions directly cause the damage, or was it the result of something else? Were you even the person responsible? The state needs more than just your presence at a scene; they need proof that you were the one who committed the act that resulted in the damage.
- The Target: A Critical Facility, Utility, or PipelineThe property that was damaged must belong to one of the specific entities listed in the statute. This includes facilities like airports and oil refineries, any public or private utility providing services like electricity, gas, or telecommunications, or a pipeline. While the definitions are broad, we will force the state to prove that the specific property you are accused of damaging qualifies under the strict legal definition provided by the law.
- The Intent: To Significantly DisruptThis is the heart of the entire case and the element where prosecutors often struggle the most. It is not enough to prove that you damaged property. The state must prove, with concrete evidence, that your specific goal—your conscious objective—was to cause a significant disruption of services or operations. If the damage was accidental, a result of simple recklessness, or done with some other intent (like creating graffiti), then you are not guilty of this specific crime. This element is the key battleground.
- The Lack of ConsentFinally, the state must prove you acted without the consent of someone authorized to give it. This means you did not have permission from the owner of the property or their agent to cause the damage. While often straightforward, this can become a defense in situations where access to the property was ambiguous or where you believed you had a right to be there.
Facing a Decade in Prison: The Severe Penalties for a Conviction
Make no mistake: a conviction for damaging a critical public service facility is a life-altering event. This is a high-level felony, and the penalties are designed to be exceptionally harsh to deter others. You are not facing a slap on the wrist; you are facing a sentence that can take away a decade of your life and leave you with a permanent criminal record that will close countless doors.
Felony Penalties
Damage to Property of a Critical Public Service Facility is a serious felony. If convicted, you face a maximum sentence of up to ten years in prison and/or a fine of up to $20,000. The Minnesota Sentencing Guidelines will provide a presumptive sentence based on your criminal history, but with a crime of this severity, a lengthy prison sentence is a very real possibility, even for a first offense.
Crippling Financial Restitution
In addition to fines and imprisonment, the court will almost certainly order you to pay restitution for any damages you caused. With infrastructure like pipelines, power stations, or railroad equipment, this amount can be astronomical. You could be on the hook for hundreds of thousands, or even millions, of dollars in repair and replacement costs, creating a financial burden that will follow you for the rest of your life.
How Good People Get Caught in This Net: Common Scenarios in Minnesota
These serious felony charges often arise from complicated situations where a person’s actions are misinterpreted or where they get swept up in events beyond their control. Understanding the context of how these accusations are made is crucial to building a defense.
The Protest That Crosses a Line
A protest against a pipeline project or a utility company in Minneapolis or St. Paul becomes heated. In the chaos, a fence is torn down, a window is broken on a utility building, or a piece of equipment is spray-painted. Though you may not have personally caused the damage, you are identified from a photo and charged. The prosecutor uses the protest itself as evidence of your “intent to disrupt,” turning your political expression into the basis for a felony charge.
An Accident During Work or Recreation
You are operating heavy machinery on your farm in a rural area and accidentally strike a buried fiber optic cable or pipeline marker. Or perhaps you are four-wheeling near a utility access road in northern Minnesota and inadvertently damage a piece of equipment. Though you had no intent to disrupt any services, a utility company employee reports the damage, and an overzealous prosecutor charges you with this serious felony instead of simple negligence.
Scrapping or Trespassing Gone Wrong
You see what appears to be abandoned metal or equipment in an old railroad yard near Duluth or a seemingly unused industrial site. Believing it to be scrap, you begin to dismantle it. You are later charged under this statute because the property, while appearing derelict, is still considered part of a critical public service facility. Your intent was to make a few dollars from scrap, but the state claims your intent was to disrupt the railway.
Mistaken Identity at a Public Transit Hub
You are at a bus station in Rochester or a light rail platform in Bloomington when an act of vandalism occurs. In the confusion, a security guard or witness misidentifies you as the person responsible. Because the bus station or airport is a “critical public service facility,” you are not charged with simple property damage, but with this far more serious felony, and you are left fighting to prove you are the victim of a mistake.
Building Your Fortress: Legal Defenses That Can Win Your Case
An accusation, no matter how serious, is not a conviction. The burden of proof rests entirely on the prosecutor, and for a charge like this, their burden is immense. These cases are often built on circumstantial evidence and shaky assumptions about your state of mind, which makes them vulnerable to a strong, strategic defense. A successful defense begins with a thorough investigation of every piece of the state’s evidence and a proactive effort to find the facts and witnesses that support your side of the story.
The cornerstone of most defenses to a § 609.594 charge is attacking the element of intent. The state must prove not just what you did, but why you did it. They have to get inside your head, and without a confession, that is incredibly difficult to do. We will build a case that exposes the holes in their theory and presents a clear, compelling alternative that creates reasonable doubt. The goal is to dismantle the prosecution’s narrative, piece by piece, until their case collapses.
Lack of Specific Intent to Disrupt
This is the most powerful defense against a § 609.594 charge. We will argue that the state cannot prove that your conscious objective was to significantly disrupt services.
- Accidental Damage: You did not mean to cause any damage at all. It was a pure accident resulting from other legitimate activity, like farming, construction, or driving. We would present evidence of this activity to show that the damage was an unintended consequence, not a deliberate goal.
- Intent to Commit a Lesser Act: Perhaps you intended to commit a minor act of vandalism, like spray-painting graffiti. While that may be a crime, your intent was to make a mark, not to shut down the power grid. If your intent was for a different, lesser crime, you cannot be convicted of this specific, high-level offense.
The Disruption Was Not “Significant”
The statute requires the intent to cause a significant disruption. This is a subjective term and is open to legal argument.
- Minor, Temporary Damage: We can argue that while some damage may have occurred, it was minor and easily repaired, and it never posed a threat of a “significant” disruption to operations. A broken window or a dented fence, for example, is unlikely to meet this high standard. The law is meant to punish sabotage, not minor vandalism.
Mistaken Identity or False Accusation
You were simply not the person who committed the act.
- Unreliable Eyewitness Testimony: Identifications made in chaotic situations like protests or in low-light conditions are often wrong. We will challenge the credibility of any eyewitnesses and point out inconsistencies in their descriptions.
- No Forensic Connection: If the state has no fingerprints, DNA, or other physical evidence linking you to the scene of the damage, their case is purely circumstantial. We will highlight this lack of concrete proof to the jury.
- Motive for a False Accusation: In some cases, particularly those involving disputes with companies or neighbors, the person accusing you may have a motive to lie. We will investigate their background and any prior conflicts to expose this bias.
Consent or “Claim of Right”
While less common, it may be possible to argue that you believed you had a right to be on the property or to do what you were doing.
- Ambiguous Property Boundaries: If you were on property that was not clearly marked, or where you had a good-faith belief that you were allowed to be, we can argue that you did not knowingly act without consent. This defense requires showing that your belief was reasonable under the circumstances.
Critical Questions, Direct Answers: Your Minnesota § 609.594 FAQ
Will I definitely go to prison if convicted of this felony?
While a prison sentence of up to 10 years is possible, it is not automatic. The Minnesota Sentencing Guidelines will consider your criminal history score and the severity of the offense. A conviction creates a very high risk of incarceration, but my job is to fight for alternatives, such as probation, or to win the case outright so you serve no time at all.
Is it possible to get this felony charge dismissed?
Yes. A dismissal is always the primary goal. We can achieve this by filing motions to suppress evidence obtained through an illegal search, by convincing the prosecutor that their evidence of your intent is too weak to win at trial, or by presenting exculpatory evidence that proves your innocence.
Do I really need a private lawyer for a charge in a city like St. Paul or Minneapolis?
Absolutely. This is a complex, high-stakes felony charge. Prosecutors in Ramsey and Hennepin counties are experienced and have the full resources of the state behind them. You need an attorney who can match their resources and dedicate the time and focus necessary to deconstruct a complicated case involving specific intent.
How long will a conviction for damaging a utility stay on my record?
A felony conviction in Minnesota is permanent. It will appear on every background check for the rest of your life. While Minnesota law has an expungement process to seal records, it is a difficult, expensive, and lengthy process with no guarantee of success for a serious felony. The best strategy by far is to prevent the conviction.
What’s the difference between this and regular Criminal Damage to Property?
Regular Criminal Damage to Property focuses on the value of the property damaged. This statute, § 609.594, is different. It doesn’t matter if you caused $50 of damage or $500,000 of damage. The entire crime is based on the target of the damage (a critical facility) and your intent (to significantly disrupt its services).
What does “significant disruption” actually mean in court?
There is no exact definition in the statute, which makes it a point of legal argument. A “significant disruption” likely means something that causes a widespread or lengthy outage of service, shuts down a major transportation hub, or creates a serious public safety hazard. A minor, temporary issue would likely not qualify.
What if the damage was a complete accident?
This is a complete defense to the charge. This crime requires specific intent. If you caused the damage accidentally, you did not have the required criminal mindset, and you cannot be found guilty of violating this statute.
Can a protest sign be used as evidence against me?
Yes. A prosecutor will try to use anything—the words on your sign, chants you were yelling, groups you associate with—as circumstantial evidence of your intent to disrupt services. It is critical to have an attorney who can argue to keep this type of prejudicial information away from the jury.
What is the “detention authority” mentioned in the law?
Subdivision 3 of the statute gives employees of these facilities the authority to detain someone they reasonably believe is violating the law until police arrive. However, this detention must be reasonable. If they used excessive force or held you for too long, it could be an illegal detention.
The police want me to give a statement. Should I talk to them?
Absolutely not. You must politely decline and state two things clearly: “I am exercising my right to remain silent” and “I want to speak with a lawyer.” Police are not trying to help you; they are trying to build a case against you. Anything you say can be used to prove the “intent” element of the crime.
I was just with a group of people, and someone else did it. Can I still be charged?
Yes. The state can charge you under a theory of “aiding and abetting.” They can claim that you intentionally assisted or encouraged the person who committed the act. To fight this, we must show that you were “merely present” and did not participate in or support the criminal act.
How much restitution could I have to pay?
The amount could be enormous. Repairing a damaged pipeline, a fiber optic cable, or complex electrical equipment can cost tens or even hundreds of thousands of dollars. The company will submit a claim for all of its losses, and a conviction could make you responsible for paying it back.
How can they prove what I was thinking at the time?
They will use circumstantial evidence—evidence that suggests your intent without directly proving it. This might include your location, tools found in your possession, things you said, your online posts, or your association with protest groups. My job is to show the jury that this evidence is just speculation and does not amount to proof beyond a reasonable doubt.
What happens at the first court appearance?
This is called an arraignment. You will be formally read the charges against you, and the judge will address the issue of bail or conditions of release. It is essential to have an attorney with you at this first hearing to protect your rights and argue for your release on the least restrictive conditions possible.
I am not a U.S. citizen. How does this charge affect me?
A conviction under this statute would almost certainly be considered an “aggravated felony” and a “crime involving moral turpitude” for immigration purposes. This carries devastating consequences, including mandatory detention and deportation, even if you are a legal permanent resident.
The Permanent Stain of a Conviction: A Future Redefined by Your Record
A sentence from a judge is only the first consequence. A felony conviction for damaging critical infrastructure brings with it a lifetime of collateral consequences—the legal and social penalties that lock you out of opportunities and brand you as a public threat.
The End of Your Second Amendment Rights
A felony conviction in Minnesota means you can never again legally own or possess a firearm or ammunition. This is a lifetime ban. Your right to hunt, for sport shooting, or for self-defense will be permanently extinguished.
A Career Destroyer
This particular felony is catastrophic for employment. It tells potential employers that you are untrustworthy and capable of sabotage. You will likely be barred from any job in transportation, utilities, government, or any field that requires a security clearance or a license. Your ability to earn a living for your family could be permanently damaged.
Barred from Housing and Education
Imagine being denied an apartment because your background check flags you as a saboteur. Landlords will see you as a risk to their property and other tenants. Furthermore, applying for college or student loans becomes immensely more difficult with a felony of this nature on your record, blocking your path to self-improvement.
Deportation for Non-Citizens
The risk for non-citizens cannot be overstated. A conviction under § 609.594 is the type of offense that immigration authorities target aggressively. It can lead to the revocation of a green card and near-certain deportation, separating you from your family and the life you have built in the United States.
Your Freedom is on the Line: Why Your Choice of Defense Attorney is Everything
You are facing an opponent—the State of Minnesota—with virtually unlimited resources. Your choice of who will stand beside you and fight for you is the most important decision you will make. This is not a time for a passive defense.
The Private Attorney Advantage: Your Case is My Priority
Public defenders are often dedicated lawyers, but they are systematically overwhelmed, juggling hundreds of cases at a time. They may not have the hours in the day to devote to the unique, fact-intensive investigation that a complex felony requires. As your private attorney, I limit my caseload specifically so that I can provide your case with the focus, energy, and resources it deserves. You will work directly with me, and your fight will be my priority.
The Power of Swift, Decisive Action
The moment you are charged, the clock starts ticking. Evidence can be lost, witnesses can become hard to find, and the state continues to build its case. By hiring an attorney immediately, you put a shield around yourself. I can stop police from questioning you, begin our own investigation, preserve critical evidence (like surveillance video or social media data), and challenge the prosecution’s case from the very outset. In a felony case, every day matters, and immediate action can make all the difference.
Local Knowledge of Minnesota’s Courts
A case in downtown Minneapolis is handled differently than one in a rural county where a pipeline is a major employer. I have defended clients in courtrooms across this state. I know the local rules, the tendencies of the prosecutors, and the perspectives of the judges. This hard-won experience allows me to craft a legal strategy that is not just sound in theory, but effective in the specific court where your freedom will be decided.
A Strategy Designed for One Thing: Results
I do not believe in a wait-and-see approach. I prepare every case with the thoroughness and intensity required to win at trial. By building a powerful defense from day one and showing the prosecutor that we are ready to fight every single element of their case in front of a jury, we create the leverage needed to achieve the best possible results. This often leads to better plea offers, reduced charges, or outright dismissals. Your future is too important to leave to chance. You need an attorney who will fight for it.