Misdemeanor Offenses

Estimated reading time: 5 minutes

What is a Misdemeanor?

A Minnesota Misdemeanor is a crime, with a maximum sentence of 90 days jail, 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 offense will get zero jail time, but probation for up to a year with possible jail time up to 90 days if noncompliant. Because this offense level is a “crime,” to avoid a criminal conviction record, anyone accused needs a misdemeanor lawyer.

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).

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 misdemeanor, 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.

Can you be arrested for a misdemeanor?

Yes, because a misdemeanor is a crime. But you can’t be arrested for a petty, which is not a crime. Traditionally at common law, we had the “misdemeanor presence rule” which did not allow police to arrest for a misdemeanor unless they believed it was committed in their presence. So police had to be a witness to arrest for a misdemeanor, not just collectors of hearsay, second-hand reports.

But decades ago the Minnesota legislature watered down the misdemeanor presence rule in a statute with so many exceptions, that the exceptions generally swallow the rule, now. More about the Minnesota’s misdemeanor presence rule statute, Minn. Stat. § 629.34, Subd. 1, and its exceptions, is here:

Unlawful Arrest: Legal Remedies.

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 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 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 misdemeanor 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” is no longer real.

Does a misdemeanor go on your record? Yes, a conviction does stay on a person’s public court record indefinitely in Minnesota. 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 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 a misdemeanor lawyer can help with all. Minnesota 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 misdemeanor lawyer.

Question? Call Attorney Thomas Gallagher, 612 333-1500

Thomas Gallagher is a Winona, Minnesota Defense Attorney with the best ratings and 38 years experience helping clients keep their records clean.

More

How to Know: Do I Need a Criminal Defense Lawyer?

Get Out of Jail After Arrest: Ten Tips for Getting Her Out

How to Assert Your Rights: Protect Yourself from Police

Gross Misdemeanor level crimes

Felony Offense Level