What is a gross misdemeanor in Minnesota?
Under the law, a gross misdemeanor in MN falls between the less serious misdemeanor and the more serious felony. The stakes are high: up to one year in jail and a fine of up to $3,000. In addition, you may be called to provide restitution to the victim(s) where appropriate, as well as community service, and counseling. As we detail below, a conviction will end up on your permanent criminal record unless and until expunged, where it can have a negative impact on your credit rating, your ability to find employment, and your ability to rent an apartment.
Alleged criminal activities that can be charged as a gross misdemeanor in Minnesota include: second and third degree DWI offenses (Driving While Under the Influence, which we explain in greater detail below), repeat assaults or fifth degree assault cases, shoplifting, other theft crimes, and repeat violations of a variety of offenses.
If you’re accused of a gross misdemeanor in MN, you will go through a complicated process, and you should have a lawyer present at every step. First, you will go through a three-step process: arraignment, an omnibus hearing, and a pre-trial hearing. Next – with a big “but” – comes the trail. The big but is that your defense lawyer and the prosecutor can come to what is known as a “plea agreement, where you agree to a guilty plea to a lesser offense in order to avoid a trial. You’ve probably seen defense lawyers and prosecutors negotiate these pleas on television. Remember that your defense attorney – having considered all the risks of a trial – is acting in your interests, but agreeing to a plea deal is your decision.
Under Minnesota law, you are entitled to a trial with six jurors, but the judge has the discretion to empanel a twelve-person jury. You definitely don’t want to go to trial without a defense attorney representing you!
Free DWI Consultation
Every call will be connected to an attorney. Call us today at (651) 829-3572 or click below to schedule an appointment.
Gross Misdemeanor Minnesota DWI
Minnesota law classifies a Fourth Degree DWI as a misdemeanor. Under the statute for Fourth Degree DWI in Minnesota, a person who is convicted may serve up to 90 days in jail. A fine of $1,000 accompanies a Fourth Degree DWI in Minnesota conviction. If a person did not refuse chemical tests, and did not present any of the aggravating factors, then the charge will be a Fourth Degree misdemeanor.
Under Minnesota DWI Laws a Third Degree DWI is treated as a gross misdemeanor in MN. The Third Degree DWI Minnesota statute gives the court power to sentence a person to up to 365 days in jail. The fine you will have to pay is $3,000 in for a third degree DWI in Minnesota. The law classifies the offense as a Third Degree misdemeanor if the person refused to take the chemical test or was guilty of one of the aggravating factors we listed above.
Under Minnesota DWI Laws a Second Degree DWI is also considered a gross misdemeanor in MN. The penalty for Second Degree DWI in Minnesota is up to a 90 day jail sentence. Under the Fourth Degree DWI in Minnesota the penalty, the fine is 3,000. The offense is a Second Degree misdemeanor where the person refused to take the chemical test and one or two of the aggravating factors listed above was also present. This determination is highly fact-sensitive.
Under Minnesota DWI Laws a person who is convicted of First Degree DWI will have a felony conviction. If convicted under the 1st Degree DWI statute in Minnesota, the person may be imprisoned for a maximum of seven years. A person convicted of First Degree DWI Minnesota pays a maximum fine of $14,000. To be considered a First Degree felony, the incident must have been the person’s fourth DWI even during the last 10 years. It is also a First Degree DWI if the person had already been convicted of either a previous felony DWI or felony criminal vehicular operation.
Gross Misdemeanor Theft Minnesota
There are a number of ways a person can be faced with the threat of a Minnesota gross misdemeanor theft under Minnesota law, some of them obvious, some of them less so. First, let’s define theft. These include: taking, using, transferring to another, or concealing another person’s property without consent and with the intent of taking the property from the rightful owner; stealing property or services (yes, stealing services is theft as well as stealing goods or property); finding lost property and not attempting the rightful owner (this is what we mean by theft that is not obviously theft); taking property or money from a vending machine; stealing cable (!); taking corporate property for unauthorized uses; and, finally, stealing a car.
As noted, any of the above thefts can range in severity from felonies to MN gross misdemeanors to misdemeanors. We are talking here primarily about gross misdemeanors in Minnesota, but let’s run through the full range of risks if you go to trial and are found guilty.
If the allegedly stolen property (or services) is worth between $5,000 and $35,000, or the stolen property is a firearm; or if the property is a trade secret or explosive, you are facing a felony conviction with a potential sentence of between ten and twenty years and a fine of $20,000 to $100,000. If the value of the property or services is valued between $1,000 and $5,000 you are facing a Minnesota gross misdemeanor conviction of up to one year in jail and a fine of up to $3,000. In a situation where the value of the property or services is less than $500, the potential jail time is up to one year and the fine can be as high as $1,000.
As noted above, these consequences can be negotiated down by the prosecuting attorney and your defense attorney. This is another reason why you don’t want to go this alone.
Gross Misdemeanor Expunged Minnesota
Can a gross demeanor under Minnesota law be expunged? Yes! Minnesota’s expungement laws are there to make sure that a MN gross misdemeanor, doesn’t have to ruin your life, destroy your credit rating, or make it impossible to get a job, and we at Leverson Budke are here to ensure that you reap the benefits of MN expungement laws.
There is often confusion about what expungement really means. Essentially, expungement is a legal term that describes how the records documenting an arrest or criminal conviction are removed from public view. Records are “sealed,” from view (but not destroyed). Expungement should not be confused with a pardon, which can only be granted by Minnesota’s governor (or by the President of the United States for federal crimes).
Many different low-level offenses are covered under the MN expungement law. Misdemeanors, and gross misdemeanors in Minnesota, as well as juvenile offenses and certain felonies may be eligible for expungement. for example, a first Driving While Intoxicated conviction, possession of controlled substances, and some petty theft offenses.
To meet the requirements of the Minnesota expungement laws, a certain amount of time needs to have passed since the charge or conviction. The person seeking expungement must also show that they have not been convicted of any other crimes. Our lawyers will determine if your conviction or charge meets the statutory requirements.
It is helpful to have legal representation when you are pursuing expungement in Minnesota. The prosecutor will sometimes agree to expunge your record without having to go to court and complete the formal process. But most of the time, the prosecutor will not consent. This means a petition must be filed with the court. You need an experienced Minnesota expungement attorney on your side and that is what we do best.
Under Minnesota’s expungement laws, a judge has 60 days to hold a hearing after the petition is filed. The experts at Leverson Budke will be by your side during this crucial step in the expungement process.
Gross Misdemeanor vs Petty Misdemeanor in MN
Under Minnesota law, there are three levels of misdemeanors: Minnesota petty misdemeanors, misdemeanors, and gross misdemeanors in MN. Petty misdemeanors are the lowest level of offenses under Minnesota law. It is not even a crime because no jail time can be imposed. Because the maximum fine is $300, you might think that there is nothing to worry about. But such is not the case, even a petty misdemeanor can have a negative impact on your ability to rent or your job prospects.
A simple misdemeanor can result in jail time of up to ninety days and a fine of up to $1,000. Examples under Minnesota law include certain levels of DWI and certain levels of assault. With the help of a defense lawyer, you may be able to reduce a misdemeanor to a petty misdemeanor.
A MN gross misdemeanor – the top of this post – is a step up from a misdemeanor or a petty misdemeanor. Here we are talking about jail time of up to one year, fines of up to $3,000 and probation of three to six years. Again, your criminal defense lawyer can negotiate with the prosecuting attorney to bump you down to a lesser crime without the risk of a jury trial.
Felonies are much more serious: there can be more than one year of prison time, as well as lengthy probation. Clearly, you need a criminal defense attorney to represent you if you are charged with an alleged felony.
Petty Misdemeanor Minnesota Traffic Violation
Under Minnesota law, a traffic violation – where no DWI is involved – is considered a petty misdemeanor. It is not considered criminal. There will be no jail time, there will be no time under probation, and the fine, if any, will be $300 or less.
How Long Does a Gross Misdemeanor Stay on Record in Minnesota?
There is bad news and good news. The bad news is that a gross misdemeanor in MN can stay on your record forever and have a negative impact on your credit, job prospects, and ability to secure a job. But the good news is that Minnesota laws allow for expungement after certain periods of time. What are those time periods?
We are primarily interested in Minnesota gross misdemeanors, so let’s start there. If you have been convicted of a MN gross misdemeanor and, most importantly, you have not been convicted of another crime, you are eligible to apply for expungement after four years.
We will briefly mention the expungement periods for other convictions. If you have successfully completed a diversion program or there was a stay, and you were not charged with any other crime, you can apply for expungement after one year. If you are convicted of a petty misdemeanor or a misdemeanor and you were not charged with any other crime, you must wait two years to apply. If you were convicted of a felony, and you were not charged with any other crime, you can apply after five years. Here’s the kicker: if you were acquitted or the charges were dismissed, you must nevertheless wait a year to have the charges expunged.
Gross Misdemeanor Domestic Assault Minnesota
Domestic assaults may be expunged under Minnesota expungement laws. However, Minnesota’s expungement laws require that the petition for expungement detail whether there are any current orders for protection, restraining orders, or other no contact orders prohibiting the petitioner from contacting the victim and whether there have ever been such orders. In addition, the Court will consider the impact of the domestic assault on the victim.
Minnesota Gross misdemeanor domestic assault is controversial and people are lobbying the Minnesota legislature to change this law to stop these convictions from being sealed. The lawyers at Leverson Budke are aware of the status of proposed bills. If you have a Minnesota gross misdemeanor domestic assault conviction, you should contact Leverson Budke for advice about how the law is changing and whether it applies to your situation.
We have been very successful in getting MN gross misdemeanor sexual assault charges expunged in Minnesota courts. Here are two examples:
Our client had been convicted of domestic assault ten years in the past when he came to Leverson Budke for legal help. We proved to a Dakota County Judge that he had done what was necessary to rehabilitate himself and had not committed any other offenses for a decade. Working with the Court, the prosecutor and the victim, we succeeded in having the record sealed.
Leverson Budke also represented another client with a domestic assault conviction. We filed a petition with the Court in Ramsey County. The petition demonstrated that our client had proactively changed his life. Prosecutors fought us every step of the way, but we were steadfast in our argument that our client had rehabilitated himself. After a tough battle, we convinced the court that our client deserved to have his old conviction expunged.
4th Degree DWI Minnesota
A Fourth Degree DWI under Minnesota DWI Laws is classified as a misdemeanor (i.e. not a gross misdemeanor in MN). The Minnesota’s Fourth Degree DWI statute allows the court to sentence an offender to a jail term of up to 90 days. If convicted of a Fourth Degree DWI in Minnesota, the person is fined $1,000. A 4th Degree misdemeanor is usually imposed under MN DWI laws when a test was not refused and were not any additional aggravating factors.
Under Minnesota DWI Laws, a Third Degree DWI is classified by law as a gross misdemeanor in MN. The Third Degree DWI Minnesota statute allows the court to sentence a person to jail for a maximum of 365 days. The fine for Third Degree DWI Minnesota is $3,000. A DWI is considered to be a Third Degree misdemeanor if the person refused the chemical test or one of the other aggravating factors were present.
Under DWI Laws in Minnesota a second degree DWI is also considered a gross misdemeanor in MN. The Second Degree DWI Minnesota statute gives the court discretion to sentence the defendant to 90 days of incarceration in a jail or workhouse. If a defendant is convicted of Fourth Degree DWI Minnesota, the defendant can be fined $3,000. A 2nd Degree misdemeanor will be imposed if you refused a test and one of the aggravating factors listed above, or two of the aggravating factors listed above.
First Offence Theft Laws in Minnesota
We have had a number of cases involving theft convictions under Minnesota law. Here are a couple of our success stories. These all involve first offenses. Things get more complicated if there are multiple offenses.
We represented a teacher who had a theft charge on her criminal record. this charge came up on employment screenings, blocking her ability to get a job as an educator. The attorneys at Leverson Burde approached the Dakota County Prosecutor with a proposal for expungement. After negotiation with the county prosecutor and the judge, the Court agreed to expunge her records without even scheduling a formal hearing.
Our client had been charged with theft in Hennepin County. The theft offense obviously posed a big problem for our client’s employment prospects, especially in retail stores. This was a very difficult case to navigate, but our lawyers never gave up. Eventually the Court sided with our client and expunged the records related to the charge. The client was able to get an excellent job while he continued his education.
Minnesota Theft Statute of Limitations
Generally, the statute of limitations for any misdemeanor in MN is three years. Simply put, this means that you cannot be charged with any crime more than three years after the crime has been committed. However, the statute is “tolled” if you are outside the state. What does tolled mean? Basically, it means that the three-year counting period does not run while you are out of state and the police are unable to arrest and charge you. For example, let’s assume that you allegedly commit a crime on January 1, 2010. Because of the statute of limitations, you must be charged by December 31, 2012. But let’s say that you spend all of 2011 outside Minnesota; you can be charged as late as December 31, 2013.
Minnesota Statute 609
Minnesota expungement laws are located in Section 609A of the Minnesota statutes. This section of the law explains what really happens when records are expunged. Contrary to popular belief, this does not mean records are shredded, deleted, or otherwise destroyed. instead, expungement results in a court order sealing the criminal records. once sealed, they cannot be disclosed in response to background checks, employment inquiries, or basic law enforcement checks. In other words, the records will be invisible. The only way a sealed record can be opened is if a court or other authority issues a court order directing the records to be unsealed.
Levels of Theft in Minnesota
As we have discussed above, if the allegedly stolen property (or services) is worth between $5,000 and $35,000, or if the stolen property is a firearm; or if the property is a trade secret or explosive, you are facing a felony conviction with a potential sentence of between ten and twenty years and a fine of $20,000 to $100,000. If the value of the property or services is valued between $1,000 and $5,000 you are facing a MN gross misdemeanor conviction of up to one year in jail and a fine of up to $3,000. In a situation where the value of the property or services is less than $500, the potential jail time is up to one year and the fine can be as high as $1,000.
How Long Does a Gross Misdemeanor Stay on Your Record in Minnesota?
As we have said earlier, a gross demeanor can remain on your record, essential forever, with the negative consequences we have discussed regarding credit ratings, job prospects and the ability to rent. The answer to this problem is expungement, as we have discussed. For a gross demeanor, and where you have not been charged with any crimes, we can help you apply for expungement after four years.
What to say to Judge for Expungement?
First of all, you don’t want to stand before a judge seeking expungement without representation! Many offenses are actually eligible for expungement in Minnesota, but determining whether your offense qualifies is complicated. Even MN gross misdemeanors may be sealed in some circumstances.
The Minnesota expungement laws contain time requirements before a person is eligible to petition the court for expungement. The person petitioning for expungement also needs to have maintained a clean criminal record. We can determine if you meet all these requirements.
A local prosecutor has the power to consent to expungement. However, most of the time prosecutors opt to fight and the person seeking expungement must then file a formal petition in court. The contents of the petition can be quite complicated and that is where our experts come in.
Some of these contents of the petition, and some of the issues you should present to the judge orally if called upon to testify include: why the expungement is sought, for example, if it is for employment or licensure purposes; all the details of the offense or arrest for which expungement is sought; the names of the victims (if there are any identifiable victims); whether there are any current orders for protection, restraining orders, or other no contact orders prohibiting the petitioner from contacting the victims; whether there have ever been such orders; the steps the petitioner has taken since the time of the offense toward his or her rehabilitation, including treatment, work, or anything else that can be shown to show rehabilitation; disclosure of all prior criminal convictions in any jurisdiction, before or after the arrest or conviction for which expungement is sought; a record showing all prior and pending criminal charges against the petitioner; and all prior requests for expungement
Our clients often ask how long the entire expungement process will take. State law requires the court to set a hearing within 60 days after the petition is filed. To give yourself the best chance of success, you should obtain the expert advice of the attorneys at Leverson Budke.
Call for a FREE Consultation
If you are in need of sound legal advice, call us at (651) 829-3572 today or click below to schedule an appointment
How Long do you Have to Wait to get your Record Expunged Minnesota?
Under Minnesota expungement laws, how long you must wait depends on the nature and severity of the crime being expunged. Minnesota expungement laws call minor misdemeanors “petty misdemeanors” To expunge a petty misdemeanor, you must wait two years. For what Minnesota expungement laws call a “gross” misdemeanor, you must wait for four years. For the low-level felonies that qualify for expungement, you must wait five years before petitioning the court for MN expungement. The experienced and diligent lawyers at Leverson Budke have expertise in both criminal defense and Minnesota expungement laws. We can help you determine how long you will need to wait to have your record expunged under Minnesota law.
Minnesota speeding ticket on record
A Minnesota speeding ticket conviction or guilty plea (assuming no DWI involvement) results in a petty misdemeanor in MN. A typical fine might be “only” $145 but it could also result in increased car insurance rates of over $1,000 a year, so it is a serious issue. An experienced defense lawyer may be able to help you get a continuance or even get the charge dismissed if the police made a mistake in the arrest.
Endangering Life and Property Minnesota
When filling out a ticket for speeding or other vehicular crime, if the officer checks the “endangering life and property” box on the ticket the crime moves from a MN petty misdemeanor to a Minnesota misdemeanor. We have detailed above the differences between a MN petty misdemeanor and a Minnesota misdemeanor. We would definitely urge you to seek representation to see if the judge is willing to drop the charges down to a Minnesota petty misdemeanor.
Theft Crimes in Minnesota
As we have discussed above, theft under Minnesota law includes not only theft of property (physical objects) but often services and intellectual property. Generally, the degree of the offense depends on the value of the property taken.
if the allegedly stolen property (or services) is worth between $5,000 and $35,000, or if the stolen property is a firearm; or if the property is a trade secret or explosive, you are facing a felony conviction with a potential sentence of between ten and twenty years and a fine of $20,000 to $100,000. If the value of the property or services is valued between $1,000 and $5,000 you are facing a gross misdemeanor in MN conviction of up to one year in jail and a fine of up to $3,000. In a situation where the value of the property or services is less than $500, the potential jail time is up to one year and the fine can be as high as $1,000.
Minnesota Gross Misdemeanor Lawyer
We are experienced Minnesota misdemeanor lawyers. If accused of a gross misdemeanor in MN – or any other charges: petty misdemeanor, misdemeanor or even a felony – we can work with you to negotiate the sentence down, possibly avoid a trial, and work with you to expunge the charges at a suitable date if you are found guilty or enter a guilty plea.
We are experts in Minnesota gross misdemeanor law, and would be more than happy to schedule a free consultation if you have been accused of a gross misdemeanor in Minnesota under the law. Please call us (651) 829-3572.