Felony

What is a felony in Minnesota?

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A fair process is required

By Minnesota Felony Attorney Thomas C. Gallagher

Under Minnesota law, a felony conviction results from both a felony charge and a felony sentence from a judge.

What is a “conviction?”

A conviction results at the moment a judge adjudicates a person guilty.

If a judge decides that there is a factual basis for guilt after the accused used or waived her rights, the judge “adjudicates” the person guilty.

Adjudication follows either a guilty plea lawfully offered by the defendant, or a guilty verdict made after a fair trial.

What is a felony sentence?

The level of conviction in Minnesota depends upon the sentence not the level of the original criminal charge.  Minnesota Statutes Section 609.13, Subdivision 1 (2017), states:

Felony. Notwithstanding a conviction is for a felony:
(1) the conviction is deemed to be for a misdemeanor or a gross misdemeanor if the sentence imposed is within the limits provided by law for a misdemeanor or gross misdemeanor as defined in section 609.02; or
(2) the conviction is deemed to be for a misdemeanor if the imposition of the prison sentence is stayed, the defendant is placed on probation, and the defendant is thereafter discharged without a prison sentence.

Examples of non-felony dispositions?

A criminal case that begins with a felony charge can end up becoming a non-felony conviction in many ways.  One is where the defense attorney causes the criminal charge to be dismissed by the judge or the prosecutor.  Another is when the defense lawyer obtains an acquittal from a judge or jury after a trial.  A good Minnesota felony attorney can help get these kinds of outcomes.

Other outcomes can result from a judge after a guilty plea or verdict; or a plea agreement with the prosecutor.  One of these is a “stay of adjudication.

What is a stay of adjudication?

The word “stay” means to postpone or delay — in this case to postpone adjudication (conviction).  If a defendant successfully completes a stay of adjudication the court will dismiss the charge.  Under Minnesota law, dismissal after a stay of adjudication is not a conviction.  But under some federal laws, e.g., immigration laws, dismissal after a stay of adjudication is a “conviction.”  Your Minnesota felony attorney should be able to explain this and advise you on implications in your situation.

What is a stay of imposition?

Another is a “stay of imposition” of sentence.  Here, strictly speaking the felony sentencing is postponed for a specified period of time.  If the defendant complies with the conditions of the stay, the postponed action never happens.  As discussed, Minnesota Statutes Section 609.13, Subd. 1, reduces a felony conviction to a misdemeanor for some purposes after successful completion of a stay of imposition.

What is a stay of execution?

A “stay of execution” of sentence, happens after a judge adjudicates guilt, and after the judge “imposes” a sentence.  If a judge has “imposed” a felony level sentence, the conviction will be a felony level conviction.  The conviction will be a felony even if the defendant successfully completes the stay without violating any probation condition.

A stay of execution of a felony sentence means the probationer can avoid prison by complying with the probation conditions.  But he or she will have a felony record in every sense.  Your Minnesota felony attorney should be able to help you understand this before you decide how to handle your case.

What is the value of a stay of imposition in a felony case?

Thomas Gallagher, Minneapolis Criminal Defense Attorney
Thomas Gallagher, Minneapolis Criminal Defense Attorney

How valuable is a stay of imposition in felony case?  Minnesota Statutes Section 609.13, Subdivision 1, reduces a felony conviction to a non-felony conviction after a successful stay of imposition.  That’s good, right?  Well, it is a bit better than a felony stay of execution – the other main type of probation.  Unfortunately, there are other laws that significantly undermine the apparent intent of Section 609.13.

The two most often raised are:

  1. Employment and housing denials due to failed criminal history background checks.
  2. Loss of civil rights to firearms.

If a lawyer urges a defendant that “the conviction will not be a felony,” be careful.  They mean that a stay of imposition can become a non-felony under Minnesota Statutes Section 609.13, Subdivision 1.

This can be misleading.  While technically true, a felony charge with a non-felony sentence will be a public criminal record.  That record still results in denials of jobs and housing, loss of gun rights, and other serious, so-called “collateral consequences.

A good Minnesota felony attorney helps you understand the consequences of potential outcomes.  You need to know while the opportunity still exists to change that outcome — before it’s too late.  We can use the laws as a tool to help ensure that Liberty and Justice prevail.

What about the maximum penalty listed on the Complaint?

Every criminal statute includes a maximum penalty.  The penalty is a maximum period of jail or prison, and fine.

Judges rarely ever impose or execute a maximum penalty.  But the maximum time for jail or prison listed does matter in one important way.

The length of probation cannot be longer than the maximum jail or prison penalty.  If the statute has a five-year maximum, for example, the probation period can’t be more than five years.

What are mandatory minimum sentencing laws?

A Minnesota felony attorney should first discuss the maximum penalty, any mandatory minimum sentencing laws, and the Minnesota Sentencing Guidelines.

Mandatory minimum sentencing laws do not apply to all crimes.  But when they do, they take away some or all of the judge’s authority to impose a fair sentence.

Some mandatory minimum sentencing laws in Minnesota have safety valve provisions to allow the judge to overcome them.  Others allow the judge no role in sentencing below the minimum.

When a mandatory minimum sentencing law applies, a good Minnesota felony attorney helps the client avoid or manage the threat.

What is the presumptive sentence under the Minnesota Sentencing Guidelines?

The Minnesota Sentencing Guidelines suggest a presumptive sentence based on a formula.  It’s goal is to increase sentencing uniformity in similar cases.

The Guidelines determine a Severity Level for each crime.  It has a formula to determine a Criminal History Score.  A person with no convictions will have a History Score of zero.  The Sentencing Guidelines grid suggests a presumptive sentence.  It’s based on the Severity Level of the crime of conviction combined with the Criminal History Score.

The Presumptive Sentence shows a number of months, as well as a range of months considered within the presumptive sentence.

A Minnesota felony attorney discusses what could happen in the event of a conviction of the crime charged.  The best way to do that is to determine the Presumptive Sentence under the Guidelines.  Then we consider any applicable mandatory minimum sentencing laws that could override the Guidelines’ presumptive sentence.

The Guidelines suggest either a presumptive commitment to prison, or a presumptive probationary sentence.  A probationary sentence can include up to twelve months of county jail (workhouse) time as a condition of probation.  A judge can also execute zero jail time as a condition of probation.  It depends on the case, and any plea agreement.

Can a judge depart from the Guidelines’ presumptive sentence?

Yes, but the judge must state reasons for departing from the Guidelines’ presumptive sentence.  A judge can sentence the convicted defendant more severely than the sentencing guidelines call for.  We call that is an upward departure.

If the judge sentences more leniently than the presumptive sentence, it’s a downward departure.

Two types of sentencing departures

What is a Felony in Minnesota?
What is a Felony in Minnesota?

A sentencing departure can be either a dispositional departure or a durational departure.

A dispositional departure is when the judge departs from the Guidelines presumptive disposition of either a prison commitment or probation.  If the presumptive sentence is a prison commitment but the judge stays execution of prison, that is a dispositional departure.

A durational departure is a sentence of a number of months outside the presumptive sentence range.  A sentence of 90 months where the Guidelines called for an 60 months, would be an upward durational departure.

A judge would have to justify a sentence below any applicable mandatory minimum sentence, as a downward departure.

What is at stake?

To simplify, Minnesota Felony Attorney Thomas Gallagher has two types of cases:

  1. keep my record clean
  2. keep the number down

Anyone with a clean record will want to keep it that way.  A criminal conviction can trigger many damaging consequences.

But even people with prior convictions want to avoid another one.  Old convictions on the record will age out over time, to an extent.  Convictions older than 15 years before a new charge may not count on the Guidelines” Criminal History Score, for example.

Some cases involve enough evidence to make negotiation of the number of months worth a look.  If the presumptive sentence could be twenty years, a defendant might consider a prosecution offer of a fraction of that.  In the end, it’s always the client’s decision, not the lawyer’s.

Minnesota Felony Attorney Thomas Gallagher helped clients avoid lengthy prison sentences.  He helped clients avoid felony records.  Even better, Gallagher helped clients get charges dismissed, and not-guilty verdicts from juries.

Gallagher’s thirty years experience could benefit you.  Every client deserves the best defense.  Gallagher delivers.

Thomas Gallagher, Minnesota Felony Attorney
Thomas Gallagher, Minnesota Felony Attorney

For more on some of the specific crimes commonly charged as felonies discussed on this site see:

Questions?  Call Minnesota Felony Attorney Thomas Gallagher at 612 333-1500