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Felony Offense Level

What is a felony in Minnesota?

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 accepts a factual basis for guilt, and the defendant’s rights waiver; the judge then “adjudicates” the person guilty.

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

A fair process is required

What is a felony sentence? Minnesota Felony Attorney

The level of conviction in Minnesota depends upon the sentence not the level of the original criminal charge.  So, 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.

Minnesota Statutes Section 609.13, Subdivision 1

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.  For example, this happens when the defense attorney causes dismissal of the criminal charge by the judge or the prosecutor. 

Another is when the defense lawyer obtains an acquittal from a judge or jury after a trial.  So, a good Minnesota felony attorney can help get these kinds of outcomes.

But 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). But the stay has conditions.

If a defendant successfully completes a stay of adjudication the court will dismiss the charge.  And under Minnesota law, dismissal after a stay of adjudication is not a conviction.  But under some federal laws, like immigration laws, dismissal after a stay of adjudication is a “conviction.”  So, your Minnesota felony attorney should be able to explain implications for you.

What is a stay of imposition?

Another is a “stay of imposition” of sentence.  And here, strictly speaking the court postpones felony sentencing for a specific period of time.  But if the defendant complies with the conditions of the stay, the postponed action never happens.  And as discussed, Minnesota Statutes Section 609.13, Subd. 1, reduces a felony conviction to a misdemeanor for limited purposes after successful completion of a stay of imposition.

What is a stay of execution?

This is one type of felony probation. A “stay of execution” of sentence, happens after a judge adjudicates guilt, and after the judge “imposes” a sentence.  And if a judge has “imposed” a felony level sentence, the conviction will be a felony level conviction.  Moreover, 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 conditions.  But 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?

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.  So, 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 frequent are:

  1. Employment and housing denials due to failed criminal history background checks.
  2. Loss of civil rights to firearms.
Thomas Gallagher, Minneapolis Criminal Defense Attorney 400
Thomas Gallagher, Felony Defense Attorney

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 “conviction” under Minnesota Statutes Section 609.13, Subdivision 1.

But this can be misleading.  While technically true, a felony charge with a non-felony sentence will be a public criminal record.  And that record can still result in denial 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.  Because you need to know while the opportunity still exists to change that outcome — before it’s too late.  And 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.  So the penalty there 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.  So 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:

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

These laws ignore proportionality. Americans believe that the punishment should fit the crime. But mandatory minimum sentencing laws disregard this core principle. So, the United States has more of its people in prison than any other nation in the world.

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

So when a mandatory minimum sentencing law applies; a good Minnesota felony attorney helps the client avoid or manage that 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.  A formula determines a Criminal History Score.  But a person with no convictions will have a History Score of zero. 

The Sentencing Guidelines grid suggests a presumptive sentence.  And it’s based on the Severity Level of the crime of conviction combined with the Criminal History Score.

The Sentencing Guidelines Grid shows the presumptive sentence as a number, as well as a range, of months.

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

A Minnesota felony attorney discusses what could happen in the event of a conviction of the crime charged.  And 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 override the Guidelines’ presumptive sentence.

The Guidelines suggest either a presumptive prison commitment, or a presumptive probation. 

A probationary sentence can include up to twelve months of county jail (workhouse) time as a condition of probation.  But 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.  And 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

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.  So if the presumptive sentence is 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.  So a sentence of 90 months where the Guidelines call for an 60 months, would be an upward durational departure.

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

What is at stake? Sharing the experience of Minnesota Felony Attorney Thomas Gallagher

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.  Because old convictions on the record will age out over time, to an extent.  For example, the Guidelines” Criminal History Score may exclude a discharge from sentence more than than 15 years earlier.

But some cases involve enough evidence to make negotiation of the number of months worth a look.  So if the presumptive sentence is twenty years; a defendant might consider a prosecutor’s offer of a fraction of that.  So in the end, it’s always the client’s decision, not the lawyer’s.

Minnesota Felony Attorney Thomas Gallagher

Minnesota Felony Attorney Thomas Gallagher helps clients avoid lengthy prison sentences.  And he helps clients avoid felony records.  Even better, Gallagher helps clients get dismissal of charges, and not-guilty verdicts.

Attorney Thomas Gallagher’s thirty years experience could benefit you.  And every client deserves the best defense.  So Gallagher delivers.

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

Gallagher-empowering-600 Minneapolis Criminal Defense
Thomas Gallagher, Minnesota Felony Attorney

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

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