What are the penalties for a felony in Minnesota?

Felony punishment in Minnesota is set offense by offense rather than by a general class table. The statute defining the charged offense supplies the minimum and maximum term, and the general sentencing provisions govern how the judge imposes it. Fines, [def:probation], [def:restitution], and collateral consequences (employment, housing, civil rights) are additional.

Should I talk to the police before getting a lawyer?

No. You have the constitutional right to remain silent and to have an attorney present during questioning. Anything you say can and will be used against you. Politely invoke your rights: 'I am exercising my right to remain silent and I want to speak with an attorney.'

Does Minnesota have a speedy trial requirement?

Yes. Minnesota requires trial within 60 days under certain conditions. No Minnesota Statutes section sets the speedy-trial clock; it comes from Minn. R. Crim. P. 11.09(b). After entry of a plea other than guilty, on demand of any party the trial must start within 60 days unless the court finds good cause for a later trial date. Separately, unless exigent circumstances exist, if trial does not start within 120 days from the date the plea other than guilty is entered and the demand is made, the defendant must be released under any nonmonetary conditions the court orders. Other sanctions for violating these provisions are left to case law, and constitutional speedy-trial analysis is separate. Minn. Stat. § 611A.033 gives a victim the right to request that the prosecutor make a rule 11.09 demand for trial within 60 days.

What is the difference between a misdemeanor and a felony?

Felonies are more serious offenses carrying potential state prison time (over 1 year). Misdemeanors carry county jail time (up to 1 year) [§ 609.02]. Felony convictions also carry greater collateral consequences — loss of voting rights, firearm restrictions, professional licensing barriers, and immigration consequences.

OverviewUpdated 2026-02-27

Minnesota Criminal Defense Guide — Charges & Process

Q: Can I get my criminal record expunged in Minnesota?

Yes, for eligible offenses [§ 609A.01 et seq.]. Waiting periods: 1 year (petty misdemeanor); 2 years (misdemeanor); 4 years (gross misdemeanor); 5 years (nonviolent felony); immediate for acquittals/dismissals. Minnesota enacted broad expungement reform in 2015 and expanded in 2023. Courts balance public benefit against individual interest. Most nonviolent offenses are eligible. Violent crimes and sex offenses have very limited eligibility. Filing fee waivable. Automatic expungement available for certain low-level offenses.

Charges, classifications, your rights, and the criminal process — what to know when facing criminal charges in Minnesota.

Jump to:

Drug Charges — Penalties & Defenses Assault & Domestic Violence Charges Theft & Property Crime — Charges & Penalties The Minnesota Criminal Process — Step by Step Your Rights in an Minnesota Criminal Case Expungement — How to Clear Your Record

From Arrest to Resolution

A criminal case moves through a series of stages — from arrest through resolution — and the decisions you make at each stage directly affect the outcome. The process may feel overwhelming, but it follows a predictable sequence. Understanding that sequence, and knowing where your rights apply, is the first step toward an effective defense. Below is the general path a criminal case follows, with the critical decision points that shape what happens next.

🚨

Arrest

rights attach here

🔒

Bail / Bond

release or detention

📜

Arraignment

charges & plea

🔍

Pretrial

motions & discovery

⚖️

Trial or Plea

negotiate or defend

🏛️

Sentencing

penalties determined

High-level illustration only. Every case is unique. Rights, procedures, and timelines vary by jurisdiction.

How Minnesota classifies criminal offenses

Minnesota divides criminal offenses into felonies and misdemeanors. The classification determines the maximum and minimum penalties a court may impose.

Felony classifications

Misdemeanor classifications §609.02

Class Gross misdemeanor misdemeanor: up to 12 months, $3,000 fine - Class Misdemeanor misdemeanor: up to 3 months, $1,000 fine - Class Petty misdemeanor misdemeanor: up to 0 months, $300 fine

✓The classification of an offense determines not just the potential jail or prison time, but also fines §609.101 et seq., Probation length, and long-term consequences like employment restrictions and loss of civil rights.

Felony vs. Misdemeanor comparison

	Misdemeanor	Felony
Severity	Less serious offenses	More serious offenses
Incarceration	County jail (up to 1 year) §609.02	State prison (1 year or more)
Examples	Simple assault, petty theft, disorderly conduct	Aggravated assault, robbery, drug trafficking
Jury trial	12-member jury	12-member jury
Voting rights	Retained	Lost until restored
Firearm rights	Retained	Permanently prohibited §18 U.S.C. § 922
Employment impact	Moderate — visible on background checks	Severe — bars certain professions
Expungement	More offenses eligible §609A.01 et seq.	Fewer offenses eligible §609A.01 et seq.

The criminal process: arrest through resolution

Arrest

Law enforcement may arrest with or without a warrant §629.34. Officers may arrest without a warrant for felonies on probable cause and for misdemeanors committed in their presence. Domestic assault warrantless arrest authorized under Minn. Stat. § 629.341. You have the right to remain silent and the right to an attorney from this point forward.

Bail and pretrial release

Minnesota Constitution Art. I, § 7 guarantees bail for all offenses except capital crimes. Bail set by court using Minn. R. Crim. P. 6. Pretrial detention without bail available for first-degree murder. Risk assessment tools used in some jurisdictions. §629.471 et seq.

Arraignment

The court formally presents charges, and the defendant enters a plea. Note: nolo contendere (no contest) pleas are NOT permitted in Minnesota.

Pretrial motions

The defense may file motions to suppress evidence, dismiss charges, or challenge procedures. This stage can determine the outcome of the case.

Trial or plea

Most criminal cases resolve through plea negotiations. If the case goes to trial, the state must prove guilt beyond a reasonable doubt to a 12-member jury that must reach a unanimous verdict.

Sentencing

If convicted, the judge imposes a sentence within the statutory range for the offense classification. Sentencing may include incarceration, Probation §609.135 et seq., fines, Restitution, and community service.

Your rights in a criminal case

Every person accused of a crime in Minnesota has constitutional protections:

Right to remain silent — You cannot be compelled to testify against yourself §U.S. Const. amend. V
Right to an attorney — If you cannot afford one, one will be appointed §611.14 et seq.. Minnesota Board of Public Defense oversees statewide public defender offices at the district, appellate, and Supreme Court levels. District public defenders cover all 10 judicial districts.
Right to a speedy trial — Minnesota provides a specific speedy trial deadline: 60 days. No Minnesota Statutes section sets the speedy-trial clock; it comes from Minn. R. Crim. P. 11.09(b). After entry of a plea other than guilty, on demand of any party the trial must start within 60 days unless the court finds good cause for a later trial date. Separately, unless exigent circumstances exist, if trial does not start within 120 days from the date the plea other than guilty is entered and the demand is made, the defendant must be released under any nonmonetary conditions the court orders. Other sanctions for violating these provisions are left to case law, and constitutional speedy-trial analysis is separate. Minn. Stat. § 611A.033 gives a victim the right to request that the prosecutor make a rule 11.09 demand for trial within 60 days.
Presumption of innocence — The prosecution bears the entire burden of proof. You do not have to prove anything.
Right to confront witnesses — You may cross-examine every witness the state calls against you

After a conviction: what comes next

Probation in Minnesota: Stays of imposition/execution: up to maximum statutory sentence; typically 3–5 years for felonies §609.135 et seq..

⚠Minnesota has a habitual offender law §609.1095. Career offender statute (§609.1095): judge may impose sentence up to the statutory maximum for any felony if defendant has 2+ prior violent or drug felonies. Minnesota Sentencing Guidelines govern presumptive sentences based on offense severity and criminal history score.

Clearing your record

Minnesota does allow certain criminal records to be sealed or expunged §609A.01 et seq.. Waiting periods: 1 year (petty misdemeanor); 2 years (misdemeanor); 4 years (gross misdemeanor); 5 years (nonviolent felony); immediate for acquittals/dismissals. Minnesota enacted broad expungement reform in 2015 and expanded in 2023. Courts balance public benefit against individual interest. Most nonviolent offenses are eligible. Violent crimes and sex offenses have very limited eligibility. Filing fee waivable. Automatic expungement available for certain low-level offenses.

Common offense categories

Drug offenses

Possession, distribution, and trafficking carry penalties that vary dramatically by substance and amount §152.025 et seq.. Marijuana possession: Legal (up to 2 oz in public per HF 100, 2023); civil penalty for minor excess; criminal for unlicensed distribution or larger amounts.

Assault and domestic violence

Ranges from Misdemeanor simple assault to Felony aggravated assault §609.221 et seq.. Domestic violence offenses carry additional consequences including protective orders §609.2242 et seq..

Theft and property crimes

Classification depends on the value of property taken §609.52. Felony threshold: $1,000 (felony for $1,000–$4,999, §609.52(3)(a)(1)).

⚠If you have been arrested or charged, your early decisions can affect the outcome. Exercise your right to remain silent §U.S. Const. amend. V and request an attorney §U.S. Const. amend. VI before answering questions.

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