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What is a Petty Misdemeanor?
“Should I fight it?” Yes, you should. After all, you have nothing to lose. A “petty misdemeanor” is a small violation of law, prohibited by a Minnesota statute. “Not a crime,” the maximum sentence is a fine only, of $300 or less. Minnesota Statutes §609.02, subd. 4a; Minnesota Rules of Criminal Procedure 23.01. The law does not allow arrest before, or jail after, petty misdemeanor “conviction.”
Does a petty misdemeanor go on your record?
Public conviction record: In Minnesota, even though a petty violation is “not a crime;” the charge can result in a “conviction,” on your public court record. Though this should not damage a person’s reputation, occupational licensing and job prospects, it could. So, better to avoid this legal and social ambiguity by avoiding even a “petty” conviction.
Minnesota has a wide range of petty misdemeanors, including those with:
- social stigma (example: marijuana). Stigma is part of a person’s liberty interest.
- driver’s license record impacts (example: speeding) on stigma and right to drive.
- no stigma, no moving violation, no identified violator (e.g., parking ticket)
Some may be more worth fighting than others. And keep in mind that a conviction, including a petty misdemeanor conviction, can go on your driver’s license record too (in addition to your court record), if it is traffic or motor vehicle related.
What is Misdemeanor “certified as a Petty;” court “payables list?”
A misdemeanor charge can result in a petty conviction three ways:
- Sentence is within petty limits, or
- Prosecutor “certifies” the misdemeanor charge as a petty, or
- Misdemeanor is on the Minnesota court’s payable offenses lists.
Sentence as a petty
Though not addressed in Minnesota Statutes, the Court’s Minnesota Rules of Criminal Procedure 23.02 says:
“A conviction is deemed a petty misdemeanor if the sentence imposed is within petty misdemeanor limits.”
Minn. Rules of Crim. Pro. 23.02
The Court will certify a conviction as a Petty based on the sentence “imposed,” under this Court Rule. As a result, if the Judge “imposes” a sentence within the petty limits; a person adjudicated guilty of a gross misdemeanor charge, would have a petty level of conviction. (Petty sentencing limits are no jail and fine of $300 or less.)
Can a prosecutor certify misdemeanor as a petty?
The law addresses prosecutors attempting to certify a misdemeanor charge for prosecution as a petty. See, for example, Minnesota Rules of Criminal Procedure 23.04. But what does that mean? On the positive side, a petty conviction is less serious than a misdemeanor conviction. But on the other hand, it takes away the constitutional right of the accused to a jury trial.
The accused can object and ask the judge to prevent this. A prosecutor wishing to strip a person of their fundamental rights is constitutionally suspect. And the public record of the person with misdemeanor charges “certified as a petty” conviction may still show the misdemeanor charge. This can have negative consequences.
Court “payable offenses”
The Minnesota Court develops and maintains lists of “payable offenses” or “payables.” An “offense” is a crime; a felony, gross misdemeanor or simple misdemeanor. But a petty misdemeanor is a “violation,” not a criminal “offense.”
So, a “payable offense” conveys: “a criminal charge for which a person can pay a fine without going to court.” Just paying the fine results in conviction. Convenience comes at a price. If the sentence is within the petty limits, the “offense” becomes a petty misdemeanor “conviction.” The Minnesota court makes the lists of payable offenses available online. But usually a citation for a payable offense suggests payment of the fine.
A person cited for a misdemeanor payable offense has the right to arrange a court date. And once at court, she can try to prevent a conviction from going on her public court record.
Consider the misdemeanor payable offense is marijuana in a motor vehicle (open container – cannabis). A police officer may suggest “you don’t even need to go to court,” as if a good thing. But if you “just pay the fine,” surprise! You’ll have a petty conviction of a misdemeanor charge on your court record. Then the court administrator will “certify” the vehicle-related conviction to the Minnesota Department of Public Safety (DPS). DPS then includes it on your driver’s license record, and revokes your driver’s license for a minimum of 30 days! It’s worth fighting it in court.
Are all traffic violations petty misdemeanors?
No. Most speeding and other traffic, driving, drivers license and motor vehicle-related offenses are petties. But some are not. Some could be either, depending how the prosecutor decides to charge them. For example, a prosecutor could charge a speeding ticket as a misdemeanor or as a petty. (But a petty charge is more common.)
And not all traffic, driving, drivers license and motor vehicle-related offenses and violations are petty misdemeanors. Many are. But some are Misdemeanor, Gross Misdemeanor and Felony level offenses.
For more on the various kinds and levels of traffic, driving, drivers license and motor vehicle-related offenses and violations, see my page: Driving Offenses.
What law can turn petty misdemeanor into misdemeanor?
What is the most common way a typical traffic petty becomes a misdemeanor charge? The citing police officer checks a box on the traffic ticket: “endangers person or property.” Another, less common way a traffic petty can become misdemeanor is when two petty convictions precede it within twelve months. Here is an excerpt from the Minnesota Statute:
Subd. 1. “Violation; when petty misdemeanor enhanced to misdemeanor. Unless otherwise declared in this chapter with respect to particular offenses, it is a petty misdemeanor for any person to do any act forbidden or fail to perform any act required by this chapter; except that:
Minn. Stat. (2019) §169.89
(1) a violation which is committed in a manner or under circumstances so as to endanger or be likely to endanger any person or property; or
(2) exclusive of [parking] violations … a violation of any of the provisions of this chapter, classified therein as a petty misdemeanor, when preceded by two or more petty misdemeanor convictions within the immediate preceding 12-month period; is a misdemeanor to which the provisions of subdivision 2 shall not apply.”
Catch-all Petty Misdemeanor Statute
Most criminal and traffic statutes include a penalty provision, but now if the legislature forgets to include one, the statute below provides a general penalty. So if a statute prohibits specified conduct without specifying a penalty, it’s a petty misdemeanor under this statute. Overly broad?
PUNISHMENT FOR PROHIBITED ACTS. “When the performance of any act is prohibited by a statute, and no penalty for the violation of the same shall be imposed in any statute, the doing of such act shall be a petty misdemeanor.”
Minn. Stat. §645.241 (2022)
Driver’s license record
The Court “certifies” driving and motor vehicle-related “convictions” to the Minnesota Department of Public Safety. And Minnesota DPS then adds them to your driver’s license record. Sometimes suspension or other action against the driver’s license follows.
Can police arrest for a petty misdemeanor?
No. Police who detain a person on suspicion of a petty, must release the person with a citation, without further arrest. Minnesota Rules of Criminal Procedure 6.01, subd. 1 (c). Police cannot lawfully arrest a person for a petty.
Can I fight a petty misdemeanor?
Yes. You can fight every petty charge. And you should. After all, what do you have to lose? The worst that could happen is you end up with a violation on your record and a fine. But only by fighting it can you prevent a conviction record.
How to contest a petty misdemeanor
First, understand that because a petty misdemeanor is “not a crime” with no possible jail time (fine only), a person charged with a petty misdemeanor violation can be convicted without a trial, by failing to set up a court date, or by failing to show up for the court trial. (We have no right to a jury trial in a patty misdemeanor case, only a trial to a judge.) So be sure to set a court date and keep showing up.
And in most Minnesota counties, the court court conduct two court appearances — a first appearance and on a later date, a court trial (trial to a judge). In some metro counties, the court requires the defendant to set an appointment to “talk to a hearing officer” (a court administrator with limited authority to make settlement offers), prior to setting the first court appearance.
For more about the criminal court process and various court hearings, see my gateway page: Court Process Guide | Minnesota Criminal Procedure.
Do I need a lawyer for a petty misdemeanor?
No. You can fight a petty yourself. Even without a lawyer, no one wants their insurance rates to go up for a speeding ticket on their driver’s license record. And too many petty driving violations within 12 or 24 months can also trigger an “habitual violator” license revocation. People in the medical or human services fields; can face occupational licensing or employment issues, even due to petty misdemeanor convictions.
About the author: Minneapolis Criminal Defense Attorney Thomas Gallagher is the author of this page. Hopefully this page has helped you understand the meaning of a “petty misdemeanor” in Minnesota. And though it is the smallest type of criminal law charge, it can still cause problems, worth avoiding.
More
Avoiding Traffic Stops – Minnesota Laws
Minnesota Offense Levels (Felony, Gross, Misdemeanor, Petty Misdemeanor)
Minnesota Crimes | Criminal Charges
Arraignment | Rule 5 Appearance
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