Appelman

Fairy Tale Law: Little Red Riding Hood

Friday, 20. April 2012

The story of Little Red Riding Hood has many versions, ranging from the tame to the most violent. Today, we’re going to tell our own version of the classic tale and explore the relationship to Minnesota criminal conduct laws.

One day, a beautiful woman named Red Riding Hood set off through the forest to visit her ailing grandmother. As she is walking, Little Red is spotted by a big, bad, lecherous wolf.

When the wolf sees Little Red, his eyes light up and he makes up his mind to force himself on her. However, the woods are full of forest animals and the wolf doesn’t want any witnesses. So, he approaches Red and asks her where she is going. Naively, Red told the wolf that she was headed to her grandmother’s house and then gave him directions.

As a distraction, the wolf suggested to Red that she pick some wildflowers for her grandmother. She agreed and, having successfully stalled Red, the wolf ran ahead to the grandmother’s house.

When he got there, the wolf knocked down the door, hit the old woman over the head with a pipe, then locked her in the attic. He then dressed himself as the grandmother and crawled into bed to wait.

When Red got to the house, she went inside and noticed that something wasn’t right about her grandmother. “Oh Granny,” she said, “What long fur you have!” The wolf replied, “All the better to keep you warm, my dear.”  Then Red said “Oh Granny, what big hands you have!” and the wolf, sensing his opportunity and Red’s vulnerability, screamed “ALL THE BETTER TO TOUCH YOU WITH!”

The wolf jumped out of bed, tackled Red, and forced her to have sex with him. At this point, the commotion roused the unconscious grandmother, who  calls the police from the closet.

When the police arrived, they hauled the wolf away and charged him with the following crimes:

Assault in the First Degree: When the wolf hit Granny with the pipe, he inflicted great bodily harm. Assault in the first degree is a felony in Minnesota. If convicted, the wolf could receive a sentence of up to 20 years in prison and/or $20,000 in fines.

Burglary in the First Degree: Because the wolf broke into Granny’s house with the intention of committing a crime, he was charged with burglary in the first degree. This is a felony charge and the wolf can face up to 20 years in prison and/or $35,000 in fines.

Criminal Sexual Conduct in the First Degree: The wolf used considerable force and threat of harm while raping Red, so he may be charged with felony aggravated sexual assault. This is a very serious charge in Minnesota and if convicted, the wolf could be sentenced up to 30 years in prison and/or a fine of up to $40,000.

Burglary, assault, and sexual assault are all extremely serious crimes in Minnesota that carry extremely serious consequences. For the big bad wolf, or anyone charged with one of these crimes, it is absolutely imperative that they retain an experienced MN criminal defense attorney right away.

Stay tuned as we retell more classic fairy tales in our Fairy Tale Law blog series.

Photo:

Shlomi Nissim

 

 

Fairy Tale Law: Goldilocks and the Three Bears

Friday, 13. April 2012

On Monday, we explored the story of the Three Little Pigs and the criminal charges which could be brought against the violent, villanous Big Bad Wolf. This week we are recounting the tale of Goldilocks, a mischievous little girl who gets herself into trouble with a family of bears. Unlike the Big Bad Wolf, Goldilocks is neither violence nor particularly malevolent. However, her mischief could still leave her facing some hefty charges and in need of an experienced criminal defense attorney.

Our story begins with a cottage deep in the Fairy Tale woods. This little house is inhabited by a family of three gentle bears: Papa Bear, Mama Bear, and Baby Bear. They keep a tidy, orderly house and each bear has its own porridge bowl, chair, and bed–each sized appropriately. One day, when the Three Bears were away from the house, a mischievous little girl named Goldilocks wandered off into the woods. There, she came upon the little house and peeked in the window. After seeing that the house was empty, she let herself inside.

First, Goldilocks went into the kitchen, where three bowls of fresh porridge were sitting out on the table. Feeling a little hungry, Goldilocks tried the porridge from the biggest bowl, but it was far too hot. She then sampled the porridge from the second bowl, but it was far too cold. Deciding to give it one last try, Goldilocks tried the porridge from the smallest bowl and decided it was just right. Goldilocks wanted to sit down to finish the porridge, so she  sat down in the smallest chair, the chair belonging to Baby Bear. However, Goldilocks was a bit on the porky side and broke the chair into pieces.

All this activity made the impish little blonde very tired, so she decided to take a nap in one of the beds. After trying out all three beds, Goldilocks decided that Baby Bear’s bed was the perfect size, so she lay down and quickly fell fast asleep.

Soon after, the Bears returned home from their outing and were very hungry. Papa Bear and Mama Bear saw their bowls on the table and exclaimed, “Someone has been eating my porridge!” When poor baby bear saw his bowl, he cried out “Someone has eaten all of my porridge and broken my chair!” Realizing that they had been victims of an intruder, the Three Bear ventured upstairs. Papa and Mama Bear saw that their beds had been mussed and exclaimed “Someone has been sleeping in our beds!” Then Baby Bear looked over to his bed and, seeing Goldilocks, announced “There she is!”

Frightened, Goldilocks jumped up and ran from the house. The Three Bears, being reasonable mammals, called the Fairy Tale Police. Goldilocks was soon arrested.

Goldilocks entered the dwelling without consent with the intent of committing a crime. While she was in the house, the Three Bears returned home. Because of these conditions, Goldilocks was charged with Burglary in the First Degree. This is a felony charge and Goldilocks could be sentenced to imprisonment for up to 20 years or a fine of up to $35,000.

Goldilocks broke Baby Bear’s chair, which was handcrafted by elves and very valuable. It would cost the Bears over $500 to replace the chair, so Goldilocks was charged with Criminal Damage to Property in the First Degree. For this, Goldilocks could receive a sentence of up to 5 years or a five of up to $10,000.

Goldilocks ate the Bears’ porridge. Although the porridge is not especially valuable, this is still considered a crime. Goldilocks was charged with Misdemeanor Theft  which carries a maximum penalty of 90 days in jail and fines up to $1,000.

The charges faced by Goldilocks were very serious, so she decided to use her right to an attorney and contacted MN criminal defense attorney Avery Appelman.

The Appelman Law Firm is well versed in the laws of Minnesota property crimes, as well as the juvenile justice system. If you have been charged with any property crimes in Minnesota, contact an experienced MN criminal defense attorney right away.  Stay tuned as we continue our Fairy Tale Law blog series.

Fairy Tale Law: The Three Little Pigs

Monday, 9. April 2012

For generations, fairy tales have been passed down both for their entertainment and for the lessons they teach about morality. Today, many of these fables also serve as accessible, clear-cut examples of criminal infractions. In the upcoming weeks, Appelman Law Firm’s Fairy Tale Law series will explore these stories under the lens of Minnesota laws and provide insight into the often criminal actions of folk lore’s most beloved characters.

The story of The Three Little Pigs begins with three porky friends being sent out into the world by their mother to seek their fortune. While doing so, the little pigs encountered a terrifying villain–The Big Bad Wolf. The wolf came to the door of the straw house, and the following conversation ensued:

Wolf: Little pig, little pig, let me come in.

Pig: Not by the hair of my chinny chin chin!

Wolf: Then I’ll huff, and I’ll puff, and I’ll blow your house in!

The wolf then huffed, puffed, blew the house down, and then ate the little pig. The second little pig then built a house of sticks, and he was met with the same fate as his brother before him.

When the third little pig builds a house of bricks, the Big Bad Wolf visited his house, just as he did with his brothers. The third pig also refuses to let the wolf in, but when the wolf huffed and puffed, he was unable to blow down the house made of brick. The wolf was still hungry for ham however, and he was not going to give up so easily.  He then climbed onto the roof of the brick house, planning to enter through the chimney. The third little pig was smarter than the wolf, and so he boiled a vat of water in the fireplace. When the wolf climbed down the chimney, he plunged into the pot of boiling water and met a scalding demise.

But what if the Big Bad Wolf had survived?

The Big Bad Wolf committed many crimes during his pig hunt. If he was alive, the Fairy Tale Police could have indicted the wolf on the following counts:

Vandalism: First Degree Criminal Damage to Property- The wolf would have been guilty of first degree vandalism because by blowing the houses down, he caused a reasonable risk of bodily harm. This is a felony charge, and carries a penalty of up to 5 years in prison and up to $10,000 in fines.

Terroristic Threats- Because the wolf threatened to blow the houses down if the little pigs did not let him inside, he could be charged with Threatening Violence with Intent to Terrorize. This violent crime is a felony, with a possible prison term of up to 5 years and up to $10,000 in fines.

Assault- In Minnesota, assault is the threat of physical violence whereas battery in the infliction of physical violence. Because the Big Bad Wolf threatened to blow the houses down (and insinuated that he would then harm them), he could be charged with second degree felony assault, which carries a prison term of 7-10 years and $14,000-$20,000 in fines.

If you, or a fairy tale villain close to you, are charged with any violent crime, you must contact an experienced MN criminal defense attorney immediately. Stay tuned as we continue to unravel fairy tale crimes in our Fairy Tale Law blog series.

Image credit:

Universitat Patterborn

 


 

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