What is a Minnesota Misdemeanor?

A Minnesota Misdemeanor is a crime; with a maximum sentence of 90 days, or a fine up to $1,000, or both. Minnesota Statutes §609.02, subd. 3. It is the least serious level of crime. (A petty is “not a crime.”) Even though the maximum penalty is 90 days jail, judges rarely sentence anyone to the maximum. Most people convicted of a first-time misdemeanor will get zero jail time, but probation for up to a year with possible jail time up to 90 days if noncompliant. Because a misdemeanor it a “crime,” anyone accused of this level of crime needs a criminal defense attorney.

Compared to a Gross Misdemeanor and a Petty: Sometimes we use the term “simple Misdemeanor.” The “simple” modifier distinguishes it from a “Gross” (big), and from a “Petty” (small).

What is a Misdemeanor conviction?

Level of charge vs. conviction: When a judge adjudicates a person guilty of a felony, gross, or misdemeanor; a misdemeanor level conviction can result. This is due to Minnesota Statutes § 609.13 (2022). For example, see subd. 3:

“Subd. 3. Misdemeanors. If a defendant is convicted of a misdemeanor and is sentenced, or if the imposition of sentence is stayed, and the defendant is thereafter discharged without sentence, the conviction is deemed to be for a misdemeanor for purposes of determining the penalty for a subsequent offense.”
Minn. Stat. § 609.13 (2022), subd. 3

However, a misdemeanor level “conviction” resulting from a felony “charge,” may still bring felony-type consequences.

Is a “Stay of Imposition” better?

In a misdemeanor case, no. A stay of imposition does not reduce the level of conviction compared to the level of the charge. So it’s no better than other types of probation in a misdemeanor case.

Can a traffic violation be a misdemeanor?

Yes. Every level of Minnesota crime can be traffic, drivers license or motor vehicle-related. Criminal Vehicular Operation is typically a Felony, but can be a Gross, for example.

A prosecutor can charge a Speeding Ticket as a misdemeanor. In most cases, however, prosecutors charge speeding as a petty.

Regardless of level of offense, the Court will “certify” any drivers license, driving or motor vehicle conviction; to the Minnesota Department of Public Safety (DPS). And DPS then adds the conviction to the driver’s license record. DPS may then revoke or take other action against the driver’s license.

How long do misdemeanors stay on your record?

Forever. Any criminal conviction stays on your public court record forever in Minnesota. They never go away just with time passing. In fact, people do genealogical research on ancestors using court records, including criminal records. A defendant may eventually petition the court for expungement, or sealing of their criminal court record. But those who do have no guarantee that a judge will grant it. And Minnesota’s expungement remedy is no longer a full remedy.

But a good defense attorney can often prevent “a conviction” in the first place. So, bottom line, prevention is the fastest, cheapest and best way to keep your record clean.

Examples of misdemeanor charges

Domestic assault

Disorderly conduct

DWI

Careless Driving | Reckless Driving

Theft – shoplifting

Traffic & Driving Offenses

These are the most common types of cases that prosecutors charge at this level of offense in Minnesota. But there are others. And we can help with all.

Do I need a defense lawyer?

Yes. The consequences of a criminal conviction record, even a Minnesota misdemeanor, can reduce your annual income, due to employment background checks. Other consequences follow a public criminal record. And in some cases, you may lose your civil rights due to a conviction. The fastest, cheapest and best way to keep your record clean is to hire a good defense attorney.

Question? Call Attorney Thomas Gallagher, 612 333-1500

Thomas C. Gallagher is a Minnesota Defense Attorney with the best ratings and 35 years experience helping clients keep their records clean.

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