Reviewed by the Marketing Team Last updated
For ordinary Minnesota theft, $500 or less is generally a misdemeanor; more than $500 through $1,000 is generally a gross misdemeanor; and more than $1,000 is generally a felony. Special property rules and statutory enhancements can change the result.
How Minnesota classifies theft
Minn. Stat. § 609.52 defines different ways theft can occur and sets penalty brackets. Value matters, but it is not the only factor. Check the exact subdivision and alleged enhancement on the citation or complaint.
Misdemeanor, gross misdemeanor, and felony penalties
For ordinary theft, the value brackets and maximum penalties under section 609.52, subdivision 3, are:
- $500 or less: misdemeanor; up to 90 days in jail and/or a $1,000 fine.
- More than $500 through $1,000: gross misdemeanor; up to 364 days in jail and/or a $3,000 fine.
- More than $1,000 through $5,000: felony; up to five years in prison and/or a $10,000 fine.
- More than $5,000: ordinarily up to ten years in prison and/or a $20,000 fine.
The 20-year/$100,000 maximum applies to firearm theft or value above $35,000 involving specified methods or offenses, including swindle and false representation. It does not apply to every theft above $35,000. These are statutory maximums, not predictions of the sentence.
These boundaries include exactly $500 in the ordinary misdemeanor tier, exactly $1,000 in the gross misdemeanor tier, and exactly $5,000 in the five-year tier. A misdemeanor is a crime; it is different from a noncriminal petty misdemeanor under section 609.02.
When low-value theft can be more serious
Section 609.52 includes special treatment for firearm theft, motor-vehicle theft, theft from a person, and certain other property or conduct. Qualifying priors can elevate theft above $500 through $1,000 when the listed offense, five-year period, and sentencing requirements are met. Any prior accusation or conviction does not automatically make every later theft a felony.
For offenses committed on or after August 1, 2026, the vulnerable-adult amendment in chapter 118, article 5, section 2 applies when the actor knew or had reason to know the victim was a vulnerable adult: an otherwise misdemeanor becomes a gross misdemeanor, an otherwise gross misdemeanor has a two-year/$5,000 maximum, and a felony’s statutory maximum increases by 25 percent. This is not an automatic felony rule for every theft involving an older person.
Subdivision 3 permits aggregation of specified theft offenses committed within six months. Combining amounts can change the charge level, but an unlimited period or any alleged pattern does not automatically qualify. Value generally means retail market value at the time of the theft, or replacement cost if that cannot be ascertained, subject to statutory exceptions.
Consequences beyond the maximum sentence
A case may involve probation, restitution, and consequences for employment, licensing, or other matters depending on its outcome. A misdemeanor does not mean there is no risk of jail. A felony’s statutory maximum does not mean that sentence is inevitable.
Records are not invariably permanent and unchangeable: expungement eligibility depends on the outcome and statutory conditions, and other cases may require a petition. Eligibility is separate from proof that sealing has occurred.
Getting help with the charge
A defense lawyer can evaluate identity, intent, consent, value, and alleged enhancements, and explain trial and negotiated options. If you cannot afford counsel, ask the court about applying for a public defender; appointment depends on eligibility. Private counsel is another option. Neither route guarantees a particular outcome.
Frequently asked questions
Is theft worth exactly $1,000 automatically a felony?
No. It remains in the ordinary gross misdemeanor bracket, subject to special rules and enhancements.
Does theft above $35,000 always have a 20-year maximum?
No. That maximum requires a specified method or offense, such as swindle or false representation, or firearm theft. Ordinary value alone is insufficient.
Is “petty theft” a noncriminal ticket?
Not necessarily. See our petty theft and petty misdemeanor explanation and check the actual charge.
Contact Martine Law to review the charge, supporting records, and available options. No outcome is guaranteed.
