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In Minnesota, “petty theft” is an informal label, not the same thing as a petty misdemeanor. Ordinary theft of $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, qualifying prior convictions, and statutory enhancements can change the classification.
Petty theft versus a petty misdemeanor
Minn. Stat. § 609.02 defines a petty misdemeanor as a noncriminal petty offense with a fine of no more than $300. A misdemeanor, by contrast, can carry up to 90 days in jail and/or a $1,000 fine. Calling a theft “petty” does not make the charge a noncriminal petty misdemeanor.
Check the actual statute, subdivision, and offense level on your citation or complaint. An informal description from a store, acquaintance, or online article is not a substitute for the charge.
Ordinary theft penalties by value
For ordinary theft without a special enhancement, Minn. Stat. § 609.52, subdivision 3, provides these maximum penalties:
- $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 and/or a $3,000 fine.
- More than $1,000 through $5,000: felony, up to five years and/or a $10,000 fine.
- More than $5,000: ordinarily up to ten years and/or a $20,000 fine.
These are statutory ceilings, not predictions of a sentence. Qualifying prior convictions, aggregation of thefts, and special circumstances can change the charge or maximum. A prior record does not automatically make every low-value theft a felony. Section 609.52 also has separate rules for particular property and conduct; its 20-year maximum does not apply to every felony theft.
When low-value theft can be a felony
Section 609.52, subdivision 3, includes special rules for specified property and conduct. Theft from a person, certain public records or public funds, and motor-vehicle theft can receive felony treatment even at low value. Qualifying prior convictions can also elevate theft above $500 through $1,000 when the statutory time and sentencing conditions are met.
These exceptions have specific requirements. A prior accusation does not by itself establish a qualifying prior conviction, and a high value does not answer every sentencing question.
The limited 20-year maximum
The 20-year/$100,000 maximum applies to firearm theft, or value above $35,000 for specified offenses and methods, including swindle and false representation. Theft directly from a person does not automatically carry that maximum simply because it was taken from a person. Ordinary theft over $35,000 does not automatically fall in that tier based on value alone.
Other enhancements may apply. Our detailed theft-value guide addresses aggregation and the 2026 vulnerable-adult enhancement. Review the law applicable to the alleged offense date.
What else matters besides the charge level?
The state must prove the elements of the charged theft theory beyond a reasonable doubt at trial. Intent, consent, identity, and valuation may be disputed. A statutory maximum is not a prediction of the sentence or case outcome.
Records can raise employment, housing, licensing, or other concerns, depending on the circumstances. A conviction is not automatically an unchangeable permanent record in every case: expungement eligibility requires separate review. Eligibility does not establish that records have already been sealed.
How a Minnesota theft lawyer can help
- Check the charge and any alleged enhancement against the statute.
- Review the evidence supporting value, identity, consent, and intent.
- Evaluate specific legal grounds to challenge evidence.
- Explain trial, negotiated resolutions, or available diversion.
- Review the consequences of a proposed agreement before you accept it.
Frequently asked questions
Is exactly $500 in the ordinary misdemeanor tier?
Yes. The ordinary gross misdemeanor tier begins above $500, subject to special rules.
Is exactly $1,000 ordinarily a felony?
No. The ordinary gross misdemeanor tier includes $1,000; the ordinary value-based felony tier begins above it. An applicable enhancement or special property rule may change the result.
Is exactly $5,000 in the five-year or ten-year tier?
Under the ordinary value brackets, $5,000 remains within the five-year/$10,000 maximum tier. The ten-year tier begins above $5,000.
Does a misdemeanor mean there is no risk of jail?
No. A misdemeanor can carry jail time. The actual outcome depends on the case and applicable sentencing rules.
Contact Martine Law to review your paperwork and options. No result is guaranteed.
This page states Minnesota law and is for general information, not legal advice.
