In Minnesota, crimes are divided into three general categories: felonies, gross misdemeanors, and misdemeanors. While felonies carry the harshest penalties, misdemeanors and gross misdemeanors still carry serious legal consequences that can affect your record, career, and freedom.
Many people assume that a misdemeanor is “no big deal,” but that’s far from true. In fact, a gross misdemeanor is just one step below a felony and can include jail time, fines, and a lasting criminal record.
This blog will help you understand the differences between misdemeanor and gross misdemeanor charges in Minnesota — including penalties, examples, and how to protect your legal rights.
What Is a Misdemeanor in Minnesota?
In Minnesota, a misdemeanor is the least severe category of criminal offense. These are generally considered less serious crimes, but they are still criminal offenses, not civil violations.
Common examples of misdemeanors include:
- First-time DWI with a BAC under 0.16 and no aggravating factors
- Disorderly conduct
- Theft under $500
- Trespassing
- Minor assault (such as fifth-degree assault without injury)
- Driving without a valid license
Penalties for a misdemeanor:
- Up to 90 days in jail
- Up to $1,000 fine
- Possible probation, community service, or restitution
While jail time is possible, many misdemeanor convictions result in probation or other alternative sentencing if it’s a first offense.
What Is a Gross Misdemeanor in Minnesota?
A gross misdemeanor is more serious than a misdemeanor but less serious than a felony. These offenses often involve repeat offenses or increased harm to others.
Common examples of gross misdemeanors:
- Second DWI offense within 10 years
- Theft of property valued between $500 and $1,000
- Assault against a police officer or school official
- Interference with a 911 call
- Certain domestic assault charges
- Violating a restraining or protection order
Penalties for a gross misdemeanor:
- Up to 1 year in jail
- Up to $3,000 fine
- Probation, mandatory counseling or treatment, possible no-contact orders
Because the potential jail time is longer, gross misdemeanors can have a greater impact on your life — especially if they involve domestic violence, assault, or repeat behavior.
Key Differences Between Misdemeanor and Gross Misdemeanor
| Category | Misdemeanor | Gross Misdemeanor |
| Jail Time | Up to 90 days | Up to 1 year |
| Maximum Fine | $1,000 | $3,000 |
| Examples | Disorderly conduct, petty theft | Repeat DWI, 911 interference |
| Severity | Lower | Higher |
| Impact on Record | Less severe | More likely to affect background checks |
| Probation Length | Shorter | Can be longer, often mandatory |
Why the Classification Matters
The classification of your charge affects:
- Sentencing options available to the judge
- Whether the prosecutor offers a plea deal
- Whether you are eligible for diversion programs
- The impact on background checks
- Your eligibility for expungement in the future
Gross misdemeanors are considered criminal offenses with higher risk to public safety, and judges are often less lenient with sentencing, especially for repeat offenders or crimes involving violence.
Can a Misdemeanor Become a Gross Misdemeanor?
Yes. Many charges can be enhanced based on prior convictions, the presence of a child, or if the alleged victim is a protected person like a domestic partner or police officer.
For example:
- A first-time domestic assault may be a misdemeanor.
- A second offense is typically charged as a gross misdemeanor.
- If the assault involves strangulation, it may become a felony.
What About Petty Misdemeanors?
Minnesota also has a category called petty misdemeanors, which are not criminal offenses. These are civil infractions similar to traffic tickets.
Examples:
- Speeding
- Littering
- Public smoking in restricted areas
Penalty:
- Up to $300 fine
- No jail time
- No criminal record
However, petty misdemeanors can sometimes escalate. For example, refusing to sign a traffic citation or repeated violations could lead to a misdemeanor charge.
Long-Term Consequences of a Misdemeanor or Gross Misdemeanor
Both misdemeanors and gross misdemeanors can stay on your criminal record and show up in background checks. This may affect:
- Employment
- Housing applications
- Professional licenses
- Immigration status (in some cases)
While some offenses may be eligible for expungement, others require a waiting period and strong legal arguments. Gross misdemeanors typically require more time before they can be sealed from your record.
How an Attorney Can Help
If you’re facing a misdemeanor or gross misdemeanor charge in Minnesota, an experienced criminal defense attorney can:
- Review your case for possible dismissal
- Negotiate a plea to a lower charge
- Help you enter a diversion or treatment program
- Argue for reduced penalties or probation
- Prepare a strong defense for trial if needed
Even if the charge seems minor, do not face the legal system alone — especially if this isn’t your first offense or if the charge involves violence or DWI.
Final Thoughts
Whether you’re facing a misdemeanor or a gross misdemeanor in Minnesota, both types of charges should be taken seriously. A conviction can impact your future and your freedom, so understanding the difference is the first step to protecting your rights.
If you or someone you love has been charged, reach out to Martine Law for a free consultation. We’ll guide you through the legal process and fight for the best outcome possible.