A Minnesota Felony Lawyer Explains What a Conviction Under Statute § 609.593 Could Mean for You
It might have started as a simple mistake, a moment of frustration, or a desperate attempt to make some quick cash. Perhaps you were scrapping metal and didn’t realize the significance of the copper wire you cut. Maybe you were involved in a protest, and things got out of hand. Or it could be a complete misunderstanding—a car accident that damaged a utility box, now being twisted into a criminal charge of intentional destruction. Whatever the circumstances, you didn’t plan to end up here, staring down the barrel of a serious felony charge for damaging or stealing energy or telecommunications equipment.
Now, you feel the weight of the entire state bearing down on you. The accusations are severe, painting you as a reckless individual who put public safety at risk. The prosecution isn’t interested in your side of the story; they see a damaged power line, a broken gas main, or a compromised fiber optic cable, and they see a conviction. They will use the full force of their resources to make an example of you, warning others against tampering with the state’s critical infrastructure.
You do not have to let their narrative define your future. I am a Minnesota criminal defense attorney who understands that good people can find themselves in tough situations. I have fought for clients in courtrooms across the state, from Minneapolis and St. Paul to the far corners of Minnesota, including Rochester, Duluth, and St. Cloud. I know the local legal landscapes of Hennepin County, Ramsey County, and beyond. You are facing a serious charge, but a charge is not a conviction. You don’t have to face this fight alone. Together, we can build a powerful defense aimed at protecting your freedom, your record, and your future.
What “Damage to Energy or Telecom Equipment” Actually Means in Minnesota
In Minnesota, a charge for Damage or Theft to Energy Transmission or Telecommunications Equipment under Statute § 609.593 is far more serious than simple vandalism or petty theft. This law was written to protect the state’s essential infrastructure—the power grid, natural gas lines, and communication networks that everyone relies on. The core of this crime is not just the act of causing damage or taking property; it’s the specific nature of the property you are accused of harming. The law targets actions that can create widespread disruption and public safety hazards.
Facing Minnesota charges under this statute means the prosecutor will focus on two key elements: that you acted intentionally and that you did so without consent. This could cover a wide range of scenarios, from intentionally cutting copper grounding wire from a cell tower in Bloomington to breaking a valve on a gas pipeline during a property dispute in a rural area. The phrase “facing [crime] accusation” in this context is particularly intimidating because the potential consequences—blackouts, communication failures, or even explosions—will be used by the prosecution to paint your actions in the most dangerous light possible, regardless of the actual outcome.
Minnesota Law on Damage to Energy or Telecom Equipment — Straight from the Statute
To begin building your defense, you need to understand the exact law the state of Minnesota is using to prosecute you. The language in the statute is the blueprint for the prosecution’s case, and it’s where we will find the specific elements they must prove beyond a reasonable doubt. A failure to prove any single part of this law means they cannot convict you.
The controlling statute is Minnesota Statute § 609.593, Damage or Theft to Energy Transmission or Telecommunications Equipment. The law is broken down into several parts, but the core of the offense is defined as follows:
Subdivision 1. Crime. Whoever intentionally and without consent from one authorized to give consent causes any damage to or takes, removes, severs, or breaks:
(1) any line erected or maintained for the purpose of transmitting electricity for light, heat, or power, or any insulator or cross-arm, appurtenance or apparatus connected to the line, or any wire, cable, or current of the line; or any component used in the generation, transmission, or distribution of electricity, including equipment used for grounding, system protection, or personnel protection;
(2) any pipe or main or hazardous liquid pipeline erected, operated, or maintained for the purpose of transporting, conveying, or distributing gas or other hazardous liquids for light, heat, power, or any other purpose, or any part of the pipe, main, or pipeline, or any valve, meter, holder, compressor, machinery, appurtenance, equipment, or apparatus connected with any main or pipeline; or
(3) any machinery, equipment, or fixtures used in receiving, initiating, amplifying, processing, transmitting, retransmitting, recording, switching, or monitoring telecommunications services, such as computers, transformers, amplifiers, routers, repeaters, multiplexers, and other items performing comparable functions; and machinery, equipment, and fixtures used in the transportation of telecommunications services, radio transmitters and receivers, satellite equipment, microwave equipment, and other transporting media including wire, cable, fiber, poles, and conduit;
is guilty of a crime and may be sentenced as provided in subdivision 2.
Breaking Down the Legal Elements of the Crime in Minnesota
To secure a felony conviction for damaging or stealing energy or telecom equipment, the prosecutor must prove three essential elements beyond a reasonable doubt. It’s not enough to show that property was damaged; they must prove each of these components of the crime. Your defense will focus on dismantling the state’s case, element by element.
- ActThe state must first prove that you physically committed the act of damaging, taking, removing, severing, or breaking the specified type of equipment. This could be anything from cutting a fiber optic cable to stealing a copper grounding wire or breaking an electrical insulator. The prosecutor will use physical evidence, photographs, and witness testimony to try and establish that you are the person who performed the act in question. Your defense may involve challenging this evidence, presenting an alibi, or arguing that you have been misidentified.
- IntentThis is often the most critical battleground in the case. The prosecutor must prove that you acted intentionally. This means your actions were not the result of an accident, a mistake, or simple negligence. For example, if you accidentally hit a utility pole with your car in Eagan, you may be liable for civil damages, but you should not be guilty of this felony crime. Proving intent requires the state to get inside your head, and without a confession, they must rely on circumstantial evidence to do so. We will work to show that your actions were not intentional, thereby negating a crucial element of the crime.
- Lack of ConsentFinally, the state must prove that you acted without the consent of someone authorized to give it, such as the utility company or property owner. While this may seem straightforward, it can be a point of contention in certain situations. For example, if you were a former employee or contractor who believed you had authorization to remove old equipment, or if there was a misunderstanding about property lines and your right to clear what you thought was your own land in a developing area like Maple Grove, this element could be challenged.
Penalties for a Conviction in Minnesota Can Be Severe
Do not underestimate the gravity of this charge. The state of Minnesota classifies any violation of Statute § 609.593 as a serious felony, carrying the potential for a lengthy prison sentence, crippling fines, and the lifelong stigma of a felony conviction. The penalties are designed to be harsh to deter any interference with critical infrastructure.
Felony Penalties Under § 609.593
There are no lesser misdemeanor or gross misdemeanor versions of this crime. Any conviction under this statute is a felony. According to subdivision 2 of the law, if you are convicted, you face:
- Up to five years in state prison.
- A fine of up to $10,000.
- A combination of both imprisonment and a substantial fine.
- A long period of supervised probation or parole, which comes with strict conditions that can include random searches, geographic restrictions, and paying restitution for the damaged equipment.
Understanding the Minnesota sentencing for this crime is vital. A felony conviction is a life-altering event that goes far beyond the immediate penalties.
What This Crime Looks Like in Real Life — Common Scenarios in Minnesota
These charges often arise from situations where a person’s actions are misinterpreted or from a desperate choice that leads to severe consequences. Here are some common scenarios that could result in a felony charge under § 609.593 in Minnesota.
The Copper Wire Theft
Driven by financial hardship, you decide to cut and steal copper grounding wire from a cell tower or an electrical substation in a suburb like Brooklyn Park or Bloomington. You believe it’s a victimless crime, only to discover that the wire is considered essential equipment. You are caught selling the distinctive copper at a scrap yard, and law enforcement charges you with a felony, focusing on the potential for a dangerous power surge or communication failure you may have caused.
The Protest That Goes Too Far
You are part of an environmental protest in northern Minnesota aimed at stopping the construction of a new pipeline. In an act of civil disobedience, you use a wrench to attempt to shut off a valve or chain yourself to equipment, causing minor damage. Even if your intent was to protest, not cause widespread harm, the prosecutor can charge you under this statute, arguing your intentional act damaged equipment used in the transportation of hazardous liquids.
The Construction or Farming Accident
You are operating heavy machinery, like an excavator or a tractor, on your property in a rural area near Rochester or St. Cloud. You accidentally dig too deep and sever a buried fiber optic cable or clip a natural gas line. Though it was a complete accident, the utility company and law enforcement may be aggressive, claiming you acted with reckless disregard that rises to the level of “intentional” damage, especially if you failed to call 811 to have utility lines marked beforehand.
The Vandalism Mis-Charged
In a moment of anger or poor judgment after a night out in downtown Minneapolis or St. Paul, you throw a rock at an electrical transformer or kick a telecommunications box, causing damage. While this might typically be a lesser property damage charge, a zealous prosecutor could elevate it to a felony under § 609.593, arguing that you intentionally damaged critical infrastructure, dramatically raising the stakes and the potential penalties you face.
Legal Defenses That Might Work Against Your Charge
A felony charge is terrifying, but it is not the end of the story. The prosecution’s case is often not as solid as it first appears, and it may be built on circumstantial evidence, assumptions, and exaggerations. My job as your defense attorney is to meticulously deconstruct their case, challenge their evidence, and build a powerful defense designed to protect your freedom. We will not let them steamroll you into a conviction.
Fighting charges for damaging energy or telecom equipment in Minnesota requires an aggressive and detail-oriented approach. We will launch our own investigation into what happened. We will scrutinize the police reports, analyze the physical evidence, and interview witnesses to find the holes in the state’s theory. Defenses often center on proving a lack of criminal intent or challenging constitutional violations by law enforcement. We will force the prosecution to meet its high burden of proof and create the reasonable doubt necessary to win your case.
Defense 1: Lack of Intent
This is the most powerful defense against a § 609.593 charge. The state must prove you acted intentionally. If your actions were accidental, negligent, or a mistake, you are not guilty of this crime.
- Accidental Damage: We will gather evidence to show the damage was unintentional. This could include testimony about a car accident, evidence of a machinery malfunction, or showing that you were unaware of the presence of the underground cable or pipe. We will frame the event as an unfortunate accident, not a malicious criminal act.
- Mistaken Belief: Perhaps you believed the property was abandoned or that you had permission to remove it. For example, if you were clearing a foreclosed property in Plymouth, you might have reasonably believed the disconnected wires or pipes were scrap. We can argue you did not have the specific intent to damage functioning, in-service equipment.
Defense 2: Illegal Search and Seizure
Your Fourth Amendment rights protect you from unreasonable searches by the police. If law enforcement found evidence of this crime by violating your rights, that evidence can be thrown out of court, often leading to a complete dismissal of the charges.
- Unlawful Search of Your Vehicle or Property: Did the police have a valid warrant to search your truck or your property where they found the cut wire or damaged equipment? If not, did you give them clear, voluntary consent? If they pressured you or searched without legal justification, the evidence they found is inadmissible.
- No Probable Cause for an Arrest: The police must have probable cause to arrest you. If they arrested you simply because you were in the vicinity of the damaged equipment or based on a vague and uncorroborated tip, the arrest may be unlawful. Any statements you made after an illegal arrest could be suppressed.
Defense 3: Misidentification or False Accusation
In cases with no eyewitnesses, the state may rely on weak circumstantial evidence to connect you to the crime. Your defense may be that they simply have the wrong person.
- Establishing an Alibi: We will work to prove you were somewhere else when the crime was committed. This can be done through witness testimony, GPS data from your phone, or credit card receipts that place you in a different location. A strong alibi can completely dismantle the prosecution’s case.
- Challenging Forensic Evidence: The state might try to use fingerprint or DNA evidence to link you to the scene. This evidence is not infallible. We can challenge how the evidence was collected, stored, and tested, and we can argue that there may be an innocent reason for your prints or DNA to be present.
Defense 4: The Property Does Not Qualify Under the Statute
This is a highly specific statute. We can argue that the item you are accused of damaging or taking does not fall under the strict definitions listed in the law.
- Not Critical Infrastructure: Perhaps the wire you cut was an old, disconnected service line and not part of the main electrical grid. We could argue that the damaged property, while belonging to the utility company, was not “erected or maintained for the purpose of transmitting electricity” at the time, and therefore a lesser charge, if any, should apply.
- Valuation and “Damage”: We can challenge the state’s assessment of the damage. If the “damage” was superficial and did not impair the function of the equipment, we can argue that it does not meet the spirit of a law designed to prevent catastrophic failures. This could be a powerful tool in negotiating for a lesser charge.
Minnesota § 609.593 FAQs — What You Need to Know Now
Will I go to jail for damaging energy equipment in Minnesota?
A conviction for this felony crime carries a presumptive prison sentence for many individuals, especially those with a prior criminal record. The maximum sentence is five years. However, a skilled attorney can fight for alternatives like probation, a stay of imposition, or a reduction to a lesser charge, all of which could help you avoid prison.
Can a felony charge under § 609.593 be dismissed?
Yes. A dismissal is the best possible outcome and my primary goal in every case. A case can be dismissed if we successfully argue that the police conducted an illegal search, if there’s insufficient evidence to prove your intent, or if we can negotiate a dismissal with the prosecutor, sometimes in exchange for paying restitution.
Do I need a lawyer for a felony charge in Minneapolis or St. Paul?
Absolutely, without question. A felony is the most serious category of crime. The prosecutors in Hennepin and Ramsey counties are skilled and have the full resources of the state behind them. Facing them alone is a recipe for disaster. You need a dedicated criminal defense attorney who knows the local system and will fight to protect your future.
How long will a felony stay on my record in Minnesota?
A felony conviction stays on your criminal record for the rest of your life, unless you are able to get it expunged. The expungement process in Minnesota is difficult and never guaranteed. The most effective way to protect your record is to fight the charge from the outset to avoid the conviction entirely.
What if the damage was an accident?
This is a core defense. If the damage was truly accidental, you lack the “intentional” mindset required for a conviction under this statute. You may still be responsible for the cost of repairs in a civil lawsuit, but you should not be found guilty of a felony crime. Proving this is key.
Is stealing copper wire always a felony?
Not always, but when the wire is part of the energy or telecommunications grid, it is specifically charged under this felony statute. The state takes the theft of grounding wires and other essential components very seriously due to the public safety risks involved, such as power surges and equipment failure.
What if I was just present but didn’t actually do the damage?
Merely being present is not a crime. The state must prove you were directly involved in the act or that you conspired with others to commit it. If you were simply in the wrong place at the wrong time, we can build a defense to show you were not a participant.
Can my First Amendment right to protest be a defense?
While you have a right to protest, that right does not protect you from being charged with a crime if you break the law while doing so. However, we can use the context of the protest to argue that your intent was to make a political statement, not to cause widespread damage, which could be useful in negotiating a better outcome.
What is a “stay of imposition”?
A stay of imposition is a favorable outcome where you plead guilty to a felony, but the judge “stays” or puts the conviction on hold. If you successfully complete a period of probation, the felony is reduced to a misdemeanor on your record. This is a critical goal in many felony cases.
What if I’m a contractor and made a mistake?
This can be a strong defense. If you are a professional in the construction or excavation field, we can argue that you have a history of working safely and that this incident was an anomaly or a mistake, not an intentional criminal act. Your professional background could help prove a lack of criminal intent.
The police didn’t read me my rights. Can my case be dismissed?
This is a common misconception. The police are only required to read you your Miranda rights if you are in custody and they are interrogating you. However, if they failed to do so under those specific circumstances, any statements you made could be suppressed, which could severely weaken their case.
Will this felony charge affect my right to own a gun?
Yes. If you are convicted of any felony in Minnesota, you will be permanently banned from possessing a firearm or ammunition for the rest of your life under both state and federal law. This is a significant collateral consequence of a felony conviction.
What if the value of the damage was very low?
Unlike standard theft or property damage statutes, the value of the stolen or damaged item does not determine the severity of this charge. Under § 609.593, causing any damage to the specified equipment is a felony, regardless of whether it costs $50 or $50,000 to repair.
What is restitution?
Restitution is money the court orders you to pay to the victim to compensate them for their financial losses. In a case like this, if convicted, you would almost certainly be ordered to pay the utility or telecommunications company for the full cost of repairing or replacing the equipment you damaged.
Should I talk to the police or the utility company’s investigators?
No. Absolutely not. You have the right to remain silent, and you should exercise it. They are not trying to help you; they are building a case against you. Anything you say can and will be used to prove your guilt. Politely tell them you will not speak without your attorney present.
What a Felony Conviction Could Mean for the Rest of Your Life
A felony conviction under § 609.593 is a permanent brand that will follow you long after you have served your time or completed probation. The consequences ripple out into every corner of your existence, fundamentally changing your life and closing doors you never even knew existed.
Loss of Your Fundamental Civil Rights
As a convicted felon in Minnesota, you lose core rights of citizenship. You cannot vote until you are off probation or parole. More critically, you are stripped of your Second Amendment right to own or possess a firearm for life. This is not a temporary suspension; it is a permanent ban that results automatically from the conviction.
A Lifelong Barrier to Employment
In our digital age, nearly every employer runs a background check. A felony conviction for a crime involving theft and property destruction can be an immediate disqualifier for countless jobs. It can prevent you from getting professional licenses (in fields like healthcare, education, or finance), working in sensitive positions, or even getting a basic job where you handle cash or company property. It creates a permanent shadow of mistrust that is difficult to escape.
Inability to Find Safe and Stable Housing
Your criminal record will haunt you when you try to rent an apartment or a house. Landlords have the right to run background checks and routinely deny applicants with felony convictions. They may see you as a risk to their property or other tenants. This can force you into less desirable housing situations and create immense instability for you and your family.
Devastating Immigration Consequences
For any non-U.S. citizen, a felony conviction of this nature is catastrophic. It can be classified as a “crime involving moral turpitude” or an “aggravated felony” under immigration law. This can lead to your deportation, regardless of how long you have lived in the U.S. or whether you have a green card. It can also make you permanently inadmissible, meaning you can never legally return to the country or pursue citizenship.
Why You Need a Tough, Experienced Minnesota Felony Defense Attorney
When the state of Minnesota decides to charge you with a felony, it brings its immense power and resources to bear against you. You cannot face this onslaught alone. You need a tenacious, knowledgeable, and dedicated defense attorney who will stand between you and the prosecution and fight for your life.
The Undivided Attention of a Private Lawyer
Public defenders are dedicated lawyers, but they are often forced to handle hundreds of cases at once. They simply cannot provide the personalized, in-depth attention that a serious felony charge demands. As your private attorney, your case is my sole focus. I will have the time to investigate every angle, to take your calls, to meet with you to discuss strategy, and to know every detail of your case inside and out. You are not just another file; you are my client, and your future is my mission.
The Critical Importance of Immediate Action
The most crucial period in any criminal case is right at the beginning. By hiring an attorney immediately after your arrest, you give me the chance to get involved before the case gains momentum. I can intervene with the prosecutor, potentially influencing the charging decision itself. We can preserve critical evidence, interview witnesses before their memories fade, and begin building your defense from a position of strength, not desperation. Delaying can mean losing your best chance at a favorable outcome.
Deep Knowledge of Minnesota’s Local Courts
An effective defense requires more than just knowing the law; it requires knowing the local legal terrain. I have represented clients in courtrooms throughout Minnesota, from the urban centers of Hennepin and Ramsey County to the greater Minnesota jurisdictions. I understand the local rules, the prosecutors’ tendencies, and the judges’ dispositions. This inside knowledge allows me to craft a defense strategy that is not just theoretically sound but practically effective in the specific court where your case is being heard.
A Relentless Commitment to Achieving the Best Result
My approach is simple: I prepare every case as if it is going to trial. This rigorous preparation sends a clear message to the prosecutor: we will not be bullied into a bad deal. It allows us to negotiate from a position of power and often leads to better outcomes, whether that’s a full dismissal, a favorable plea to a lesser charge like a misdemeanor, or a hard-fought “not guilty” verdict from a jury. I am not here to just manage your case; I am here to win it.