Overview: Misdemeanor vs. Felony in MN
In Minnesota, the distinction between a misdemeanor and a felony often determines the seriousness of your case and the long-term impact on your life. These classifications guide everything from sentencing to your ability to vote, own a firearm, or find a job.
The primary difference lies in the severity of the crime and the penalties that follow. Felonies carry more severe punishments than misdemeanors and may include years of prison time and large fines.
What Is a Misdemeanor in Minnesota?
Minnesota law categorizes lower-level crimes into:
- Petty misdemeanors: Not technically crimes. They are punishable by a fine of up to $300 and do not carry jail time.
- Misdemeanors: Punishable by up to 90 days in jail and fines up to $1,000.
- Gross misdemeanors: Punishable by up to 1 year in jail and fines up to $3,000.
Even though they’re less serious than felonies, misdemeanors still appear on your criminal record and can affect employment, housing, and licensing.
Related blog: Understanding Misdemeanor vs. Gross Misdemeanor in Minnesota
What Is a Felony in Minnesota?
A felony is the most serious type of criminal offense in Minnesota. A conviction carries a prison sentence of more than one year and often much higher fines.
Felonies can have long-lasting consequences such as:
- Loss of voting rights
- Ineligibility to own firearms
- Difficulty finding employment
- Immigration consequences
- Inability to obtain certain licenses
Examples of Misdemeanor Charges
Some common misdemeanor or gross misdemeanor offenses include:
- First-time DWI
- Disorderly conduct
- Theft of property worth under $500
- Driving after suspension
- Trespassing
- Fifth-degree assault
These charges can be serious and should not be taken lightly, especially if they involve prior offenses.
Read more: What to Expect After a Theft Charge in Minnesota
Examples of Felony Charges
Felony offenses in Minnesota often involve more harm or danger to society. Common examples include:
- Second or subsequent DWI offenses
- Drug possession with intent to distribute
- Aggravated assault
- Felony domestic violence
- Burglary
- Sexual assault
- Homicide
Each felony has its own sentencing guidelines under Minnesota Sentencing Guidelines Commission rules.
How the Charges Impact Your Life
Misdemeanors may result in temporary inconvenience, like short-term jail time or fines, but felonies can permanently alter your life. Some of the impacts include:
- Employment: Many employers conduct background checks and may disqualify you for a felony.
- Housing: Landlords can deny you based on your criminal history.
- Child Custody: Felonies, especially for violence or drugs, can affect parenting rights.
- Professional Licensing: Medical, legal, teaching, or real estate licenses can be revoked or denied.
When Can a Misdemeanor Turn into a Felony?
Several factors can elevate a misdemeanor to a felony, including:
- Repeat offenses: A second DWI or theft can be charged as a felony.
- Aggravating circumstances: Using a weapon, harming someone, or targeting vulnerable people.
- Value of loss or harm: Higher theft values or drug quantities often lead to felony charges.
Always consult an attorney to see if there are ways to keep your charge from escalating.
How to Defend Against Criminal Charges
Whether facing a misdemeanor or a felony, an effective defense can mean the difference between freedom and incarceration. Strategies include:
- Challenging the evidence or search procedure
- Questioning the credibility of witnesses
- Arguing mistaken identity or intent
- Negotiating for reduced charges or a diversion program
Why Legal Representation Matters
Facing any criminal charge alone is risky. An experienced criminal defense attorney can:
- Help you understand your rights
- Explain your charges and likely outcomes
- Gather and challenge evidence
- Fight for dismissal, reduction, or a fair plea deal
- Represent you in court
At Martine Law, we protect your rights and your future. Whether it’s your first charge or you’ve been here before, we’ll guide you every step of the way.