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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 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 defined by the authorized sentence, not by a requirement of violence. Nonviolent conduct can also be charged as a felony.
- 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
Some offenses have statutory degrees or separate subdivisions; others do not. Check the exact charge and authorized punishment. The classification of the crime determines the potential penalties that may be imposed upon conviction.
Misdemeanor Convictions in Minnesota
Minnesota distinguishes gross misdemeanors and misdemeanors from petty misdemeanors, which are not crimes:
- Gross Misdemeanor:
– Punishable by up to 364 days in jail and a fine of up to $3,000
– Example: The classification of theft depends on value, circumstances and applicable statutory provisions; check the charged subdivision. - Misdemeanor:
– Punishable by up to 90 days in jail and a fine of up to $1,000
– Example: A first DWI is not always a misdemeanor; aggravating factors and the charged subdivision matter. - 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 conviction may affect the right to own or possess firearms; the applicable offense, state and federal restrictions, duration and possible restoration require separate review.
- 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.
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. Custody, appearance and release deadlines require review of the arrest circumstances and applicable criminal rules. Tell counsel immediately if you are detained and provide the arrest and hearing information. 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) 294-0650 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. Minnesota Statutes 609.13 addresses when a conviction is deemed a lower level, including specified sentence limits or a stay of imposition followed by discharge without a prison sentence. This is different from a prosecutor reducing a charge and does not itself erase the record or resolve every collateral consequence. Review the actual disposition with counsel.
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. Ask counsel whether automatic or petition-based record relief applies to the specific offense and disposition; do not assume every petty-misdemeanor record is automatically sealed.
Related guides
This page states Minnesota law and is for general information, not legal advice.
What should you confirm with counsel?
Bring the complaint, statutory subdivision, hearing notices and any sentencing or discharge orders. Distinguish the maximum authorized punishment, the charge, the conviction and the actual sentence. These are different facts.
Official sources: offense definitions, punishment when not otherwise fixed, convictions deemed a lower level, trial rights and procedure, and voting with a criminal record.
Your first conversation may be with a Director of Client Engagement (non-attorney), who helps with intake and scheduling but does not provide legal advice. Confirm representation scope and fees. No result is guaranteed.
