Misdemeanor Offense Level

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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 is 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 regardless of the severity level of charge (even if the charge was a felony). This is due to Minnesota Statutes § 609.13. For example, see subd. 1:

“Subdivision 1. 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 … .”

Minn. Stat. § 609.13 (2025), subd. 1

However, a misdemeanor level “conviction” resulting from a felony “charge,” may still bring felony-type consequences, for example successful completion of a stay of imposition after a judge adjudicated a felony, is still treated as a felony for purposes of civil rights, regardless of Minn. Stat. § 609.13, subd. 1 (2).

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. See, Minn. Stat. § 609.13, subd. 3. 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.

Do People Go to Jail for Misdemeanors?

Yes, it’s possible to go to jail for a misdemeanor. First, a police officer may arrest and have a person booked into jail for a misdemeanor. For most, however, police will give a citation or a prosecutor will mail charges or a Complaint later. Targeted misdemeanors, like DWI and domestic assault, will typically result in jail following arrest, at least for a short time.

What about jail as part of a sentence after a conviction? Here again, for the majority of cases and most misdemeanors, executed jail time is unlikely. Why? Because most Defendants have zero criminal record, and the majority of misdemeanors are not targeted misdemeanors. But by definition, a misdemeanor is a crime punishable by up to a maximum of 90 days jail lock up. And some people convicted of a misdemeanor will be sentenced to executed jail time. (“Executed” jail time means jail time that must be served immediately, or soon after sentencing, usually within 30 days.)

How much executed jail a sentencing judge will order, from zero up to 90 days, will depend upon factors like the Defendant’s prior record, the severity of the current charge and facts, as well as any plea agreement and the arguments of the prosecuting attorney and the defense lawyer.

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, like it once was.

But a good defense attorney can sometimes prevent “a conviction” in the first place. So, bottom line, prevention is the fastest, cheapest and best way to keep your record clean. And for the majority of misdemeanor cases, what is at stake is the damaging impact of a criminal record, not jail time.

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.

Misdemeanor and other crimes: Minnesota Crimes and Criminal Charges.

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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