What Is the Difference Between a Gross Misdemeanor and a Felony in Minnesota?
By Sullivan Rice
If you have been arrested or charged with a crime in Minnesota, you may hear terms like "misdemeanor," "gross misdemeanor," and "felony." These classifications are important because they can affect potential penalties, the court process, and the long-term consequences of a conviction.
But what exactly is the difference between a gross misdemeanor and a felony in Minnesota?
What Is a Gross Misdemeanor?
A gross misdemeanor is more serious than a standard misdemeanor but less serious than a felony.
Under Minnesota law, a gross misdemeanor can carry a sentence of up to 364 days in jail and a fine of up to $3,000, unless a different penalty is specifically provided by law.
Examples of crimes that can be charged as gross misdemeanors in Minnesota include certain DWI offenses, theft offenses, assault-related offenses, and other crimes depending on the circumstances and a person's criminal history.
A gross misdemeanor conviction can still have significant consequences. Jail time is possible, and a conviction can affect employment, housing, professional licensing, and other areas of a person's life.
What Is a Felony?
A felony is a more serious criminal offense.
Minnesota law generally defines a felony as a crime for which a sentence of imprisonment for more than one year may be imposed.
Felony offenses can carry substantially longer prison sentences and larger fines than misdemeanors or gross misdemeanors. Some Minnesota felonies can result in decades in prison depending on the offense and the circumstances.
Felony convictions can also have long-term consequences that extend beyond the sentence itself.
Gross Misdemeanor vs. Felony
The biggest difference is the potential punishment.
Gross MisdemeanorFelonyPotential jail/prisonUp to 364 daysMore than 1 year may be imposedMaximum fineGenerally $3,000Generally substantially higher, depending on offenseSeriousnessMore serious than a misdemeanorMore serious criminal classificationLong-term consequencesCan be significantCan be extremely significant
However, the classification of a crime is only part of the picture. The specific statute, alleged conduct, criminal history, and circumstances of the case can all affect what happens next.
Does a Gross Misdemeanor Go on Your Criminal Record?
Yes.
A gross misdemeanor conviction is a criminal conviction and can appear on a person's criminal record.
That can matter when applying for a job, housing, professional license, or other opportunities where a criminal background check is conducted.
The fact that a gross misdemeanor is not classified as a felony does not mean it should be treated as insignificant.
What Happens If You Are Charged With a Felony?
A felony case can involve several stages, including an initial appearance, bail proceedings, probable cause determinations, pretrial hearings, negotiations, and potentially a trial.
The exact process depends on the specific charges and circumstances.
Felony cases can also involve much more significant investigative and evidentiary issues. Police may have collected physical evidence, surveillance footage, electronic communications, witness statements, or other evidence before charges were filed.
A criminal defense attorney can review that evidence and identify potential issues with the prosecution's case.
Can a Felony Be Reduced to a Gross Misdemeanor?
Sometimes.
Whether a felony charge can be reduced depends on the specific offense, the evidence, the circumstances of the case, the person's criminal history, and negotiations with the prosecution.
A reduction is not guaranteed, but it can be an important issue in some criminal cases.
For example, the difference between having a felony conviction and a gross misdemeanor conviction can be significant when considering future employment, housing, licensing, and other opportunities.
Does Your Criminal History Matter?
Yes.
Minnesota sentencing laws can take a person's prior criminal record into account. Prior convictions may affect charging decisions, plea negotiations, sentencing, and potential penalties.
Some offenses also have enhanced penalties for people with certain prior convictions.
This is one reason it is important to look at the entire criminal history rather than considering a new charge in isolation.
Being Charged Is Not the Same as Being Convicted
It is also important to remember that an arrest or criminal charge is not a conviction.
A person accused of a crime is presumed innocent unless and until proven guilty.
The prosecution has the burden of proving the elements of the charged offense beyond a reasonable doubt. Depending on the case, a defense attorney may challenge the evidence, the way it was obtained, witness credibility, or whether the prosecution can prove every required element of the crime.
What Should You Do If You Are Facing a Gross Misdemeanor or Felony Charge?
Do not assume that the charge tells you how the case will end.
If you are facing a criminal charge in Minnesota, avoid discussing the facts of your case with police, investigators, or other people before speaking with an attorney. Statements made during an investigation can potentially become evidence.
A criminal defense attorney can review the allegations, investigate the evidence, explain the potential consequences, and help determine what defenses or legal strategies may be available.
At Jack Rice Defense, we represent people facing criminal charges throughout Minnesota. If you or someone you know has been charged with a gross misdemeanor or felony, contact our office to discuss your case.
