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In Minnesota the difference is the maximum sentence. A misdemeanor carries up to 90 days in jail and a $1,000 fine. A gross misdemeanor carries up to 364 days and $3,000. A felony is any crime that can be punished by one year or more in prison. A petty misdemeanor is not a crime and carries only a fine of up to $300. The level also affects gun rights, immigration and how soon a record can be sealed.
Felony or misdemeanor — two words that can drastically reshape lives. If you’re facing criminal charges, understanding the distinction between these two categories can have far-reaching consequences that extend beyond the courtroom.
At Martine Law, we defend clients against both misdemeanor and felony charges throughout Minnesota. Our dedicated team of criminal defense attorneys is committed to providing compassionate, knowledgeable representation tailored to your unique case. In Minnesota’s criminal justice system, our attorneys work to protect your rights.
In this blog, our criminal defense attorneys will explain the critical differences between felonies and misdemeanors in Minnesota, including the penalties, consequences, and how these cases are processed. Read on to learn more about your legal options.
What’s the Difference Between Misdemeanor and Felony Criminal Offenses in Minnesota?
So, what’s the deal with criminal offenses? When it comes to categorizing crimes, they’re generally divided into two main categories, as outlined in Minnesota Statutes Section 609.02:
- Felonies: These are serious crimes that involve violence or significant harm to others and carry harsher penalties.
- Misdemeanors: These offenses involve less serious conduct and have lighter penalties, but still carry consequences.
Felonies: Serious and High-Stakes
Felony offenses are the most severe crimes and include charges such as:
- Murder
- RapeÂ
- RobberyÂ
- Arson
- Drug traffickingÂ
Felonies carry harsher penalties than misdemeanors and can result in lengthy prison sentences. Under Minnesota Statutes Section 609.02, a felony is a crime for which a sentence of imprisonment for one year or more may be imposed.
The severity of these crimes reflects society’s recognition of their potential for causing grave harm to individuals or society as a whole.
Misdemeanors: Less Serious, But Not Without Consequences
On the other hand, misdemeanor offenses are less serious crimes that typically carry lighter penalties compared to felonies. Common misdemeanor charges include:
- Petty theftÂ
- Disorderly conduct
- Vandalism
- Simple assault
Though misdemeanors result in lighter sentences compared to felonies, they are still considered criminal offenses. At Martine Law, our attorneys understand that even a misdemeanor conviction can have lasting consequences on your life, and we’re here to help you rebuild and protect your future.
Penalties for Misdemeanor and Felony Charges in Minnesota
Each class of felony and misdemeanor charge is further divided into different degrees or levels based on the severity of the offense. The classification of the crime determines the potential penalties that may be imposed upon conviction.
Misdemeanor Convictions in Minnesota
Misdemeanors in Minnesota are less serious offenses compared to felonies and are generally classified into three levels:
- Gross Misdemeanor:
– Punishable by up to 364 days in jail and a fine of up to $3,000
– Example: Theft of property worth between $500 and $1,000 - Misdemeanor:
– Punishable by up to 90 days in jail and a fine of up to $1,000
– Example: First-time DWI - Petty Misdemeanor (not considered a crime):
– Punishable by a fine of up to $300. Although not technically a crime, it still carries legal consequences.
– Example: Most traffic violationsÂ
Felony Convictions in Minnesota
Unlike some other states, Minnesota takes a different approach to felony classification. Instead of categorizing felonies, Minnesota law assigns a maximum penalty for each felony offense. If convicted of a felony, individuals may face the following:
- Lengthy prison sentences from several years to life imprisonment
- Probation
- Fines
- Loss of specific civil rights
The right legal team will work diligently to evaluate the specifics of your case, challenge any evidence, and advocate for reduced charges or penalties. Whether through negotiation or defense in court, our lawyers at Martine Law are committed to protecting your rights and minimizing the impact of a conviction on your future.
Collateral Consequences of a Felony or Misdemeanor Conviction in Minnesota
When someone is convicted of a felony or misdemeanor in Minnesota, the immediate penalties—like prison time or fines—are only part of the picture. Collateral consequences can continue to affect your life long after the sentence is served.Â
These collateral consequences can vary depending on the jurisdiction and the specific offense, but some common examples include:
- Loss of Voting Rights: In Minnesota, a person convicted of a felony loses the right to vote only while incarcerated for the offense. The right is restored on release, including while on probation or supervised release.
- Employment Restrictions: Criminal records can create obstacles for individuals to find employment, as many employers conduct background checks and may be hesitant to hire someone with a past conviction.
- Limited Housing Options: Convictions can also affect access to housing, as landlords may be cautious and often screen for criminal records.
- Professional Licensing Restrictions: Some professions require specific licenses, and a criminal record may disqualify individuals from obtaining or maintaining these credentials.
- Firearm Restrictions: A felony conviction can lead to the permanent loss of the right to own or possess firearms as stated under Minnesota Statutes Section 624.713.
- Limited Educational Opportunities: Certain educational institutions may consider criminal records in their admissions processes, which could potentially impact one’s opportunities for higher education.
- Social Stigma and Relationships: Having a criminal record can result in strained relationships with family and friends, as well as a social stigma in the community.
- Immigration Consequences: For non-U.S. citizens, felony convictions may lead to deportation or other immigration-related penalties as outlined under federal immigration law.
These collateral consequences can be long-lasting, making rebuilding your life after serving your sentence difficult.
How Felony and Misdemeanor Cases Are Processed in Minnesota
The legal process for felony and misdemeanor charges in Minnesota differs based on the severity of the offense.
Felony Cases
Felonies require a more extensive legal process, often involving longer investigations. A person held in custody after a warrantless arrest must be brought before a judge within 36 hours, not counting the day of arrest, Sundays and legal holidays, and release conditions are set at that first appearance (Minn. R. Crim. P. 4.02, subd. 5). The process usually involves multiple court appearances, including:
- Arraignment
- Preliminary hearings
- A trial
Additionally, felony defendants are entitled to a jury trial.
Misdemeanor Cases
Misdemeanor charges may proceed more quickly. Suspects are often released with a citation, and fewer court appearances may be required. Defendants can choose between a jury trial or a bench trial, where a judge decides the case.
Contact Martine Law for Defense Against Criminal Charges in Minnesota Today!
Whether you’re facing misdemeanor or felony charges, the team at Martine Law is here to help. Our team of experienced criminal defense attorneys in Minnesota is committed to fighting for the best possible outcome in your case.
We understand the impact that criminal charges can have on your life, and we’re dedicated to guiding you through every step of the legal process. Don’t face these charges alone—let Martine Law be your advocate.
Contact us at (612) 979-1305 today for a free, confidential consultation, and we’ll work together towards safeguarding your future. Phones and chat are answered 24/7, with AI covering when no staff is free.
Frequently asked questions
Is a gross misdemeanor a felony in Minnesota?
No. A gross misdemeanor is a crime between a misdemeanor and a felony, with a maximum of 364 days in jail and a $3,000 fine. A felony is a crime for which a sentence of one year or more may be imposed.
Can a felony be reduced to a misdemeanor in Minnesota?
Sometimes. Charges can be reduced through negotiation. Also, a felony conviction can be deemed a misdemeanor or gross misdemeanor if the court imposes a sentence within those limits, or stays imposition and the person is later discharged from probation (Minn. Stat. 609.13).
Can you vote in Minnesota with a felony?
Yes, unless you are currently incarcerated for the felony. Since 2023, the right to vote is restored on release, even while you are still on probation, parole or supervised release (Minn. Stat. 201.014, subd. 2a).
Do you get a jury trial for a misdemeanor in Minnesota?
Yes. In Minnesota you have the right to a jury trial for any offense that can be punished by jail time, including misdemeanors. Petty misdemeanors are tried to a judge.
Is a petty misdemeanor on your criminal record?
A petty misdemeanor is not a crime, but it is still a court record that can appear in public court searches. Many petty misdemeanors qualify for automatic sealing under Minnesota’s Clean Slate law.
Related guides
This page states Minnesota law and is for general information, not legal advice.
