Felony Lawyer in Minneapolis

What should I do after a felony arrest or warrant in Minneapolis?

Protect the case before the first hearing. The early days decide your release conditions and what evidence the state collects from you.

• Do not discuss the facts with police, cellmates or on jail phone calls, which can be recorded.
• Know the clock after a warrantless arrest. A person held in custody must be brought before a judge without unnecessary delay and within 36 hours, not counting the day of arrest, Sundays and legal holidays, or as soon as a judge is available. A judge must also find probable cause within 48 hours or the person must be released. Source: Minnesota Rules of Criminal Procedure, Rule 4
• Warrant arrests follow the warrant. You must be brought promptly before the issuing court if it is in session, and otherwise within 36 hours, not counting the day of arrest, or as soon as a judge is available. A summons instead orders you to appear at a stated time and place. Source: Minnesota Rules of Criminal Procedure, Rule 3
• Gather release information for the first appearance: address, work, family, treatment and any record of appearing in past cases.
• Follow every release condition. The court sets conditions of release at the first appearance, and violating them can lead to arrest. Source: Minnesota Rules of Criminal Procedure, Rule 6

See bail and bond in Minnesota and police interviews and your rights.

Which felony charges can a Minneapolis felony lawyer defend?

Felony charges span many statutes, and the level often turns on injury, value, prior convictions or a weapon.

Charge area	Example of a felony level	Where to read more
Assault	Third degree assault, inflicting substantial bodily harm, up to five years Source: Minnesota Statutes 609.223	Third degree assault and violent felonies
Domestic assault	A new offense within ten years of the first of two or more qualified priors, up to five years Source: Minnesota Statutes 609.2242	Domestic assault penalties
DWI	First degree DWI, up to seven years Source: Minnesota Statutes 169A.24	Minneapolis DWI lawyer
Drugs	Most fifth degree possession above the small-amount gross misdemeanor threshold, and higher degrees Source: Minnesota Statutes 152.025	Minneapolis drug crime lawyer and drug felonies
Theft and property	Ordinary theft of more than $1,000 Source: Minnesota Statutes 609.52	Property felonies and white collar felonies
Sex offenses	First through fourth degree criminal sexual conduct Source: Minnesota Statutes 609.342 Source: Minnesota Statutes 609.345	Minneapolis sex crime lawyer

See also types of felonies.

How is a felony different from a misdemeanor or gross misdemeanor?

The difference is the maximum sentence. A misdemeanor carries up to 90 days and a $1,000 fine, a gross misdemeanor up to 364 days and a $3,000 fine, and a felony is a crime punishable by one year or more. Source: Minnesota Statutes 609.02 Source: Minnesota Statutes 609.03 The maximum is a ceiling, not the likely sentence, which the Sentencing Guidelines address below.

How can a felony lawyer challenge or reduce the charges?

A defense lawyer tests every element the state must prove and every step police took to get the evidence.

• Element review. The complaint must support each element of the charged statute, such as the injury level, the value or the prior conviction that makes the offense a felony.
• Probable cause. At the omnibus hearing, the defense can ask the court to find no probable cause. Source: Minnesota Rules of Criminal Procedure, Rule 11
• Suppression. Evidence from an unreasonable search or seizure can be challenged. Source: Minnesota Constitution, Article I, Section 10
• Investigation. Witnesses, video, phone records and the defense’s own evidence can change how the case is charged or resolved.
• Negotiation and trial preparation. Motion rulings and weaknesses in the proof shape whether the case is dismissed, amended, resolved or tried.
• Sentencing advocacy. The criminal history score and mitigating facts are argued before sentence.

See how a felony lawyer fights to reduce charges and what an omnibus hearing is.

What are the steps in a Minnesota felony case?

The Minnesota Rules of Criminal Procedure set the order and timing.

Stage	What happens	Timing
First appearance, Rule 5	Rights, counsel, release conditions or bail	After a warrantless arrest and detention, within the Rule 4 limit above; warrant arrests follow Rule 3
Rule 8 hearing	Arraignment; the only plea allowed is guilty; otherwise the parties demand or waive an omnibus hearing	Ordinarily within 14 days of the first appearance, unless you waive a separate appearance or the court extends it for good cause
Omnibus hearing, Rule 11	Probable cause, suppression, discovery and other pretrial motions	Starts within 42 days of the first appearance, or 28 days if the first appearance was combined with Rule 8; may be continued for good cause
Plea, Rule 15	Guilty plea on the record, with rights waived	At the Rule 8 hearing or later
Trial, Rule 26	Jury or court trial; the verdict must be unanimous unless you personally waive that right with court approval	On demand after a plea other than guilty, within 60 days unless the court finds good cause
Sentencing, Rule 27	Guidelines worksheet, presentence investigation, hearing	Within three days of a guilty plea or verdict, the court must order the worksheet and set a sentencing date

Source: Minnesota Rules of Criminal Procedure, Rule 5 Source: Minnesota Rules of Criminal Procedure, Rule 8 Source: Minnesota Rules of Criminal Procedure, Rule 11 Source: Minnesota Rules of Criminal Procedure, Rule 26 Source: Minnesota Rules of Criminal Procedure, Rule 27

If trial does not start within 120 days of the plea and the speedy trial demand, the defendant must be released on nonmonetary conditions unless exigent circumstances exist. Source: Minnesota Rules of Criminal Procedure, Rule 11 By statute, a felony sentence is preceded by a presentence investigation and written report. Source: Minnesota Statutes 609.115

Will I go to prison for a felony?

Not necessarily. The Minnesota Sentencing Guidelines set a presumptive sentence from the offense’s severity level and your criminal history score, including whether prison or a stayed sentence is presumed. They are advisory, but the court must follow their procedures. Source: Minnesota Statutes 244.09

• Offense date and grid. The August 1, 2026 Guidelines apply to offenses on or after that date, and offenses fall on the Standard, Sex Offender or Drug Offender Grid. Source: Minnesota Sentencing Guidelines, effective August 1, 2026
• Criminal history score. It is the sum of weighted points from eligible prior felonies and prior misdemeanors and gross misdemeanors, not a count of convictions. An older felony can drop out after ten years under the decay rules, and a stay of imposition still counts as a prior felony. Source: Minnesota Sentencing Guidelines 2.B
• Custody status. For offenses on or after August 1, 2026, committing a qualifying offense while on probation or another custody status adds months to the presumptive duration. Source: Minnesota Sentencing Guidelines 2.C
• Range. The Guidelines allow a range from 15 percent below to 20 percent above the presumptive duration, subject to the statutory maximum, mandatory minimums and other Guidelines rules. Source: Minnesota Statutes 244.09

See Minnesota sentencing guidelines in felony cases and how criminal history scores affect sentencing.

When can a judge depart from the Guidelines?

Only when identifiable, substantial and compelling circumstances support it. A dispositional departure changes prison to a stayed sentence or the reverse, and a durational departure changes the length outside the presumptive range. The reasons must be stated in writing or on the record. Source: Minnesota Sentencing Guidelines 2.D Source: Minnesota Statutes 244.10

• 2026 mitigating factor. Having no prior criminal conviction or stay of adjudication is now a listed mitigating factor. A criminal history score of zero alone does not qualify, and the factor is unavailable for Standard Grid severity levels 10 and 11 and Sex Offender Grid offenses. Source: Minnesota Sentencing Guidelines 2.D
• Aggravated departures. The state must give reasonable notice and prove aggravating factors beyond a reasonable doubt to a 12 member jury unless you waive that right. Listed factors include a particularly vulnerable victim, particular cruelty and an offense in a child’s presence. Source: Minnesota Statutes 244.10 For crimes on or after August 1, 2026, the list adds an adult intentionally deceiving a minor victim into believing the adult was also a minor to facilitate the offense. Source: Laws 2026, chapter 97, article 6, section 1
• Sentencing hearing. On either side’s motion, the court must hold a hearing scheduled to allow adequate preparation, and issue written findings at its conclusion or within 20 days afterward. If it intends to consider a mitigated departure, it must advise the parties. Source: Minnesota Statutes 244.10 Source: Minnesota Rules of Criminal Procedure, Rule 27

How much of a prison sentence is actually served?

An executed felony sentence ordinarily means two-thirds in prison and one-third on supervised release, and disciplinary violations can extend prison time. Source: Minnesota Statutes 244.101 An executed felony sentence is a commitment to the Commissioner of Corrections, which is prison, while local jail time can be ordered as a condition of probation. Source: Minnesota Sentencing Guidelines 1.B Source: Minnesota Statutes 609.135

What is a stayed sentence?

A stayed sentence means the court suspends prison and places you on probation or orders intermediate sanctions, such as local jail time, electronic monitoring, treatment, restitution or community work service. A stay is not available when life imprisonment is required or a mandatory minimum under section 609.11 applies. Source: Minnesota Statutes 609.135 Even then, on the prosecutor’s motion or its own, the court may sentence without the 609.11 minimum for substantial and compelling reasons, except in listed situations involving a prior weapon offense or a drug offense with a firearm. Source: Minnesota Statutes 609.11

• Stay of execution. The prison sentence is pronounced and suspended. A violation can lead to that sentence being executed.
• Stay of imposition. No prison sentence is pronounced, and completing probation changes how the conviction is classified, explained below.
• Length of felony probation. Generally up to five years or the statutory maximum, whichever is less. For listed offenses, including criminal sexual conduct, murder and manslaughter offenses, and stalking, up to four years or the statutory maximum, whichever is longer. Source: Minnesota Statutes 609.135

If you are held on a probation violation report, the revocation hearing must be within seven days, but it may be postponed if the report alleges a new crime. Source: Minnesota Rules of Criminal Procedure, Rule 27 See how probation works for felony charges and our probation violation page.

Which outcomes avoid a felony conviction?

Some outcomes avoid a conviction entirely, and others reduce how a conviction is classified. They are different.

• Dismissal. The prosecutor dismisses, or the court dismisses for lack of probable cause.
• Pretrial diversion. A written agreement suspends prosecution for a set time, after which the charges can be dismissed. Source: Minnesota Rules of Criminal Procedure, Rule 27
• Stay of adjudication. No conviction is entered. Outside listed statutes, a court may stay adjudication of a guilty plea or verdict only with the parties’ agreement. Source: Minnesota Statutes 609.095
• Stay of imposition. A conviction is entered. It is deemed a misdemeanor once you are discharged from probation without a prison sentence, and a felony conviction is also deemed a lower level when the sentence imposed is within misdemeanor or gross misdemeanor limits. Source: Minnesota Statutes 609.13

A deemed misdemeanor is still a record unless it is sealed, and it still counts as a prior felony in a later Guidelines calculation. Source: Minnesota Sentencing Guidelines 2.B See reducing a felony to a misdemeanor.

What happens if I plead guilty to a felony?

A felony guilty plea is taken under oath, and the judge must confirm on the record that you understand the charge, the plea agreement and the rights you give up. Source: Minnesota Rules of Criminal Procedure, Rule 15

• Rights waived. Jury trial, the presumption of innocence, confronting the state’s witnesses, calling your own witnesses and the right not to testify.
• Penalty disclosure. The maximum sentence, any mandatory minimum, any conditional release term and whether the state seeks an aggravated sentence.
• Immigration. For a noncitizen, a guilty plea may result in deportation, exclusion from admission or denial of naturalization.
• Rejected agreements. If the court does not approve the plea agreement, you have an absolute right to withdraw the plea.
• Factual basis. You must state the facts that make up the offense.

Source: Minnesota Rules of Criminal Procedure, Rule 15 See withdrawing a guilty plea in Minnesota.

Will my felony case go to a grand jury?

Usually not. Only an offense punishable by life imprisonment must be prosecuted by grand jury indictment, and any other offense may be charged by complaint. Source: Minnesota Rules of Criminal Procedure, Rule 17 When a homicide or life offense will go to the grand jury, no plea is taken at the Rule 8 hearing, and presentation must begin within 14 days. Source: Minnesota Rules of Criminal Procedure, Rule 8

What rights do you lose with a felony conviction?

Most civil rights return at discharge, with important exceptions. Source: Minnesota Statutes 609.165

• Voting. A felony conviction does not bar voting during any period when you are not incarcerated for the offense, if you otherwise qualify. Source: Minnesota Statutes 201.014
• Firearms after a crime of violence. A person convicted of a felony crime of violence may not possess firearms or ammunition for life, unless a court restores that ability or federal relief is granted. The lifetime rule applies to discharges on or after August 1, 1993. Violating it is a felony with up to 15 years. Source: Minnesota Statutes 609.165 Source: Minnesota Statutes 624.713
• What counts. The list is broad: felony assault, domestic assault, strangulation, robbery, first and second degree burglary, first through fourth degree criminal sexual conduct and felony controlled substance offenses, among others. Source: Minnesota Statutes 624.712
• Restoration. After release from physical confinement, you may petition a court, which may grant relief for good cause. A denied petition generally cannot be refiled for three years. Source: Minnesota Statutes 609.165
• Other felonies. State law also bars firearms after a conviction punishable by more than one year, but a conviction that was expunged, set aside, pardoned or followed by restored civil rights does not count unless the relief expressly keeps the firearm ban. Federal law has its own rules. Source: Minnesota Statutes 624.712 Source: Minnesota Statutes 624.713

A felony record can also surface in background checks for employment, housing and professional licensing, and can carry immigration consequences. See felony collateral consequences, felony convictions and professional licensing and whether a Minnesota felony affects your gun rights.

Can a felony be expunged in Minnesota?

Some felonies can be sealed, and each route has conditions. Source: Minnesota Statutes 609A.02

• Petition, listed felonies. Four years after discharge with no new conviction, for listed lower level felonies such as fifth degree drug possession, certain theft and forgery offenses, and third degree burglary.
• Petition, deemed felonies. A felony deemed a misdemeanor or gross misdemeanor through a completed stay of imposition, four or five years after discharge with no new conviction, depending on the offense.
• Registration bar. A conviction for an offense that requires predatory offender registration cannot be expunged.

Automatic expungement is narrower. It requires a qualifying offense, a waiting period of five years after discharge, or four for fifth degree drug possession, with no new Minnesota conviction above a petty misdemeanor, and no pending Minnesota charge at review. Third and fourth degree drug possession and certain third degree burglary are excluded, and any felony deemed a gross misdemeanor or misdemeanor under section 609.13 is ineligible. Source: Minnesota Statutes 609A.015 A 2026 law requires the Bureau of Criminal Apprehension to unseal a record it later finds did not qualify, based only on its own criminal history records, and to notify the courts, which then unseal theirs. Source: Laws 2026, chapter 70, section 5 See our expungement page.

Minneapolis felony lawyer FAQs

Will I go to prison for a first felony?

Not necessarily. For lower severity levels at a low criminal history score, the Guidelines presume a stayed sentence, and a court can stay a felony sentence unless life imprisonment or a 609.11 mandatory minimum applies. Source: Minnesota Sentencing Guidelines 4.A Source: Minnesota Statutes 609.135

Can a felony charge be dismissed or reduced?

Yes, in some cases. A charge can be dismissed for lack of probable cause or after evidence is suppressed, amended by agreement, or resolved through diversion or a stay of adjudication.

How long does a felony case take in Hennepin County?

It depends on discovery, motions and the court’s calendar. The omnibus hearing generally starts within 42 days of the first appearance, or 28 days if combined with Rule 8, and a speedy trial demand requires trial within 60 days unless the court finds good cause. Source: Minnesota Rules of Criminal Procedure, Rule 11

Can I get a public defender for a felony?

Yes, if you cannot afford a lawyer. A person charged with a felony who is financially unable to obtain counsel is entitled to a public defender. Source: Minnesota Statutes 611.14 Source: Minnesota Statutes 611.17

Can I vote while on felony probation?

Yes, if you otherwise qualify. A felony conviction does not bar voting while you are not incarcerated for the offense, including on probation or supervised release. Source: Minnesota Statutes 201.014

Talk with Martine Law about your Minneapolis felony charge

Martine Law PLLC defends felony charges in Minneapolis and Hennepin County, from the first appearance through the omnibus hearing, trial and sentencing. Tell us the charge, your court date and your prior record, and we will explain the Guidelines range and the options in your case. See our felony defense page and Minneapolis criminal defense page. Phones are answered 24/7. Call 612-294-0650 to request a free consultation.

This content provides general information and should not be considered legal advice. Contact Martine Law for guidance specific to your situation.

Criminal defense services are provided by Martine Law PLLC.