Misdemeanors in Minnesota are mainly classified as petty offenses with gross misdemeanors being more severe. The criminal act that has been allegedly committed, factors that may aggravate the severity of the act, and any repeat offenses will determine whether or not the crime is one that is classified as a misdemeanor or a felony.
Even if you do not feel that a simple misdemeanor requires legal assistance, it is important to seek help anyway. The reason is because a Minneapolis misdemeanors & felonies attorney will help you receive the best outcome possible. Even a misdemeanor can interfere with important life events as employment.
Minnesota Misdemeanors & Penalties
There are actually three misdemeanor classifications. They are:
- Petty Misdemeanors – These are matters that do not require court hearings and include traffic violations or other very minor offenses. Petty misdemeanors are also not considered true crimes due to the inability for a person to be incarcerated, but there is a $300 fine.
- Misdemeanors – These crimes are handled in court and can be punishable by time in jail or another consequence. Simple assault, simple theft, and a first DUI are all considered misdemeanors. A person can spend up to 90 days in jail and pay a fine up to $1,000 if convicted.
- Gross misdemeanors – Just one step below a felony, a gross misdemeanor is a serious crime that can have a penalty of up to one year in jail and a fine of up to $3,000. Crimes that are classified as gross misdemeanors include committing assault against the same individual in 10 years, second DUI in 10 years, theft, and a number of other crimes.
Minnesota Felonies
In Minnesota, a Felony is any crime that is punishable by one year and one day in jail. Felony level offenses can range up to life imprisonment and fines up to $1,000,000.00.There is a rather large list of crimes considered felonies. Criminal sexual conduct, fourth offense DWI, theft crimes, white collar crimes, drug offenses, and many others are classified as felonies and the penalties are very harsh. Of course, the penalty depends upon the crime, the severity of it, past offenses, if anyone was injured in the commission of the crime, and a variety of other factors.
If you have been charged with a felony, it is imperative to call a Minneapolis misdemeanors & Felony attorney to help you defend yourself. Even if you are guilty, you deserve fair representation. You still have rights and you may still have an opportunity to pay the minimum penalties. It is important that you do what you can to have the best quality of life and this is one way you can do it since a felony on your criminal record can interfere with your ability to get a job, find a place to live, and so much more.
Wisconsin Misdemeanor & Felony Crimes
A felony is a criminal offense for which a convicted person can be sentenced to serve one or more years in a state or federal prison; fines can also be ordered in addition to the prison sentence or in its stead, Felony crimes are distinguished from misdemeanor crimes by the possible sentence provided in the statute: if the possible prison sentence is one or more years, the offense is a felony, otherwise it is a misdemeanor. A person can be sentenced to death for a felony conviction in states where the death penalty exists; Wisconsin does not have the death penalty.
Both felonies and misdemeanors are criminal charges, but with one major distinction: imprisonment. A person convicted of a felony will be imprisoned in a state (or federal) prison. Conversely, a person convicted of a misdemeanor is almost always imprisoned in a local or county jail or given probation.
Misdemeanor Classes
A misdemeanor is a criminal charge. Misdemeanor offenses are a lessor offense than a felony, but they are not without penalties, some of which can have very devastating effects on a person’s life including the inability to obtain certain jobs, qualify for bonding, or receive governmental aid such as school loans.
Under Wisconsin law, a misdemeanor is classified according to its severity. Each misdemeanor classification provides recommendations for jail sentences and forfeitures (fines). A person convicted of a misdemeanor can be incarcerated into a county or local jail, ordered to pay a fine, or both. If a person is a repeat offender, the punishment can be more severe. Additional penalties may also apply.
MISDEMEANOR CLASSIFICATIONS
Wisconsin’s misdemeanor classifications include: Class A misdemeanor; Class B Misdemeanor; and Class C Misdemeanor.
Class A Misdemeanor
The penalty for a Class A misdemeanor may include a fine up to $10,000, or imprisonment for up to 9 months, or both; however, for a repeat offender, the term of imprisonment may increase up to 2 years.
Class B Misdemeanor
The penalty for a Class B misdemeanor may include a fine up to $1,000, or imprisonment for up to 90 days, or both; however, for a repeat offender, the term of imprisonment increase up to 2 years.
Class C Misdemeanor
The penalty for a Class C misdemeanor may include a fine up to $500, or imprisonment for up to 30 days, or both; however, for a repeat offender, the term of imprisonment increase up to 2 years.
Misdemeanor Jail Time
Typically, a misdemeanor penalty will include a recommendation for jail time in a county or local jail not to exceed the period of one year. However, a person convicted of a misdemeanor can be sentenced to jail for a period of more than one year. Additionally, a court can and often will impose a jail sentence and provide for an additional period of time of probation.
Probation & Additional Penalties
In addition to the above penalties, a court can order a person to serve a term of probation for up to two years, or order an entire list of “conditions” or rules that one must abide while on probation. Probation should not be taken lightly by anyone.
Felony Classes
Wisconsin classifies its felony crimes (and misdemeanor crimes) according to the sentence allowable under the Statute. Felony classes include: Class A Felony, Class B Felony, Class C Felony, Class D Felony, Class E Felony, Class F Felony, Class G Felony, Class H Felony, or Class I Felony offenses.
The Wisconsin criminal code consists of all of the criminal laws of the state of Wisconsin, which are enumerated in the Wisconsin Statutes.
Sentencing Guidelines
Both Wisconsin State courts and U.S. Federal Courts have sentencing guidelines, which suggest the period of imprisonment and fine for each offense. Courts can refer to those guidelines as standards, but they are not required to use those guidelines to impose a sentence upon a convicted person. In fact, most Wisconsin courts impose stricter sentences than provided in the guidelines.
WISCONSIN FELONY PENALTIES
CLASS A FELONY
For a Class A Felony, the penalty is imprisonment for life; however, for a repeat offender, the term of imprisonment may increase up to 2 years if the person was previously convicted of one or more misdemeanors, and up to 6 years if the person was previously convicted for a felony.
CLASS B FELONY
For a Class B Felony, the penalty is imprisonment up to 60 years; however, for a repeat offender the term of imprisonment may increase up to 2 years with prior misdemeanor convictions, and up to 6 years with a prior felony conviction.
CLASS C FELONY
For a Class C Felony, the penalty is a fine of up to $100,000, or imprisonment of up to 40 years, or both; however, for a repeat offender, the term of imprisonment may increase up to 2 years with prior misdemeanor convictions, and up to 6 years with a prior felony conviction.
CLASS D FELONY
For a Class D Felony, the penalty is a fine of up to $100,000, or imprisonment of up to 25 years, or both; however, for a repeat offender, the term of imprisonment may increase up to 2 years with prior misdemeanor convictions, and up to 6 years with a prior felony conviction.
CLASS E FELONY
For a Class E Felony, the penalty is a fine of up to $50,000, or imprisonment of up to 15 years, or both; however, for a repeat offender, the term of imprisonment may increase up to 2 years with prior misdemeanor convictions, and up to 6 years with a prior felony conviction.
CLASS F FELONY
For a Class F Felony, the penalty is a fine of up to $25,000, or imprisonment of up to 12-1/2 years, or both; however, for a repeat offender, the term of imprisonment may increase up to 2 years with prior misdemeanor convictions, and up to 6 years with a prior felony conviction.
CLASS G FELONY
For a Class G Felony, the penalty is a fine of up to $25,000, or imprisonment of up to 10 years, or both; however, for a repeat offender, the term of imprisonment may increase up to 2 years with prior misdemeanor convictions, and up to 6 years with a prior felony conviction.
CLASS H FELONY
For a Class H Felony, the penalty is a fine of up to $10,000, or imprisonment of up to 6 years, or both; however, for a repeat offender, the term of imprisonment may increase up to 2 years with prior misdemeanor convictions, and up to 6 years with a prior felony conviction.
CLASS I FELONY
For a Class I Felony, the penalty is a fine of up to $10,000, or imprisonment of up to 3-1/2 years, or both; however, for a repeat offender, the term of imprisonment may increase up to 2 years with prior misdemeanor convictions, and up to 6 years with a prior felony conviction.
Contact A Minneapolis Misdemeanors & Felonies Lawyer
While a misdemeanor is not as severe as a felony and in some cases requires no jail time to be served, it can still have a negative impact on your life, while a felony can have a much harsher impact in the way of fines, jail, and lifelong consequences. Fortunately, it is possible to have charges reduced or dismissed. To find out how, call the Anderson Law Firm at 952-582-2904 to schedule a free consultation.
DISCLAIMER: The information contained in this article does not constitute an attorney-client relationship. Please contact attorney Kirk Anderson for an initial consultation.