After an arrest for a crime in Minnesota, the penalties you receive will depend largely on the type of crime you are facing. The types of crime can also affect different aspects of your case, such as your access to bail and the amounts set by the court.
So, if you are under investigation for a crime, the classification of your crime will be one of the things you may be interested in understanding. In such situations, hiring an experienced criminal defense lawyer like Omeed Berenjian is always a good idea. Meanwhile, this guide covers the classification of crimes in Minnesota and can help you get a rough idea of what to expect in your case.
Non-Criminal Infraction
While this guide is about crime classification, non-criminal infractions are worth mentioning because they still fall under punishable offenses. You do not need to appear in court for a petty offense.
Petty crimes, including speeding tickets, other minor traffic violations, possession of small amounts of marijuana, and possession of drug paraphernalia, also fall under this category. You cannot go to jail for a petty crime in Minnesota, and the fines cannot exceed $300.
Misdemeanors
Misdemeanors come in second as the least serious class of offenses. Misdemeanors carry penalties of up to 90 days in jail and fines not exceeding $1000. Unlike petty crimes, a conviction with a misdemeanor will appear in a background check and cause challenges in some situations, such as when seeking a job.
Offenses charged as misdemeanors in Minnesota include first-time DUI, first-time domestic abuse, vandalism, disorderly conduct, fifth-degree assault, and public intoxication.
Gross Misdemeanor
Gross misdemeanors are middle-tier offenses and carry penalties of up to one year in jail, and the fines do not exceed $3,000. Besides jail time, you also risk losing privileges such as your driving license, immigrant status, and, in some cases, the right to bear arms.
Offenses charged as gross misdemeanors include repeat DUI offenses, drug charges, sex crimes, robbery, violent crimes such as assault, and a second-time conviction with a lower-class crime.
Felony
Minnesota doesn’t break up felony offenses into classes. Instead, it prescribes a specific criminal penalty for every felony. Felonies carry prison terms exceeding one year to life in prison and shifty fines.
It’s possible to get less than one year for a felony, but the main distinction between a felony and a misdemeanor is where you serve your time. Misdemeanor offenders serve time in a local or county jail. On the other hand, felony offenders serve time in state prison.
Offenses charged as felonies include homicides, robbery, drug trafficking, human trafficking, most sex crimes, fourth consecutive DUI conviction, and assault. A conviction for a felony comes at a huge cost, even after serving time. It could mean losing your right to vote and bear arms, and it serves as a blow to your social standing.
Get A Lawyer
The conviction of any crime can have devastating consequences. If you can’t avoid it altogether, seek to have it be to least effect. For example, if you are facing a felony charge that imposes the severest penalties, fighting to get a gross misdemeanor conviction through a plea deal is a win. This is where involving a criminal lawyer becomes critical. If you cannot afford a lawyer, the court will assign you one unless you waive your right to legal representation. Given the choice between a state-appointed lawyer and a private lawyer, choosing a private lawyer is in your best interest because they can give individualized attention to your case.
Conclusion
Now that you have a good understanding of the various kinds of crimes and their repercussions, navigating legal processes should be at least a little less daunting. If you ever find yourself facing criminal charges, seeking the assistance of an experienced criminal defense lawyer will help you successfully defend against them and maximize your chances of achieving justice.
