What is a Gross Misdemeanor in MN?
In the state of Minnesota, a gross misdemeanor is a type of criminal offense that is more severe than a misdemeanor but less severe than a felony. It is a serious crime that can have significant consequences, including fines and imprisonment. In this article, we will explore what a gross misdemeanor is, the types of crimes that can be classified as gross misdemeanors, and the penalties associated with a gross misdemeanor conviction.
What is a Gross Misdemeanor?
A gross misdemeanor is a criminal offense that is punishable by up to one year in jail and/or a fine of up to $3,000. Gross misdemeanors are considered more serious than misdemeanors, which are punishable by up to 90 days in jail and/or a fine of up to $1,000. However, gross misdemeanors are less severe than felonies, which are punishable by more than one year in prison and/or a fine of more than $3,000.
Types of Crimes that can be Classified as Gross Misdemeanors
In Minnesota, the following types of crimes can be classified as gross misdemeanors:
- Theft of property valued at more than $1,000 but less than $5,000: This includes crimes such as burglary, theft, and receiving stolen property.
- Assault in the fourth degree: This includes crimes such as assault with a dangerous weapon, assault with intent to cause great bodily harm, and assault on a peace officer.
- Criminal vehicular operation: This includes crimes such as driving under the influence of alcohol or drugs, reckless driving, and driving without a valid license.
- Domestic assault: This includes crimes such as domestic assault, domestic assault by strangulation, and domestic assault with a dangerous weapon.
- Mental health offenses: This includes crimes such as false imprisonment, kidnapping, and assault on a mental health professional.
Penalties for a Gross Misdemeanor Conviction
The penalties for a gross misdemeanor conviction in Minnesota can be severe. A gross misdemeanor conviction can result in up to one year in jail and/or a fine of up to $3,000. In addition, a gross misdemeanor conviction can also result in the following penalties:
- Loss of voting rights: A gross misdemeanor conviction can result in the loss of voting rights for a period of time.
- Loss of gun rights: A gross misdemeanor conviction can result in the loss of gun rights for a period of time.
- Loss of professional licenses: A gross misdemeanor conviction can result in the loss of professional licenses, such as a driver’s license or a professional license to practice a trade or profession.
- Restitution: A gross misdemeanor conviction can result in the requirement to pay restitution to the victim of the crime.
Defenses to a Gross Misdemeanor Charge
If you have been charged with a gross misdemeanor in Minnesota, it is important to understand the defenses that are available to you. Some common defenses to a gross misdemeanor charge include:
- Insufficient evidence: If the prosecution does not have sufficient evidence to prove the crime, the charge may be dismissed.
- Self-defense: If you were acting in self-defense, you may be able to defend against the charge.
- Mistaken identity: If you were mistakenly identified as the perpetrator of the crime, you may be able to defend against the charge.
- Duress: If you were forced to commit the crime under duress, you may be able to defend against the charge.
Table: Gross Misdemeanor Penalties in Minnesota
| Crime | Maximum Penalty |
|---|---|
| Theft of property valued at more than $1,000 but less than $5,000 | Up to 1 year in jail and/or a fine of up to $3,000 |
| Assault in the fourth degree | Up to 1 year in jail and/or a fine of up to $3,000 |
| Criminal vehicular operation | Up to 1 year in jail and/or a fine of up to $3,000 |
| Domestic assault | Up to 1 year in jail and/or a fine of up to $3,000 |
| Mental health offenses | Up to 1 year in jail and/or a fine of up to $3,000 |
Conclusion
In conclusion, a gross misdemeanor is a serious crime in Minnesota that can result in significant penalties, including fines and imprisonment. It is important to understand the types of crimes that can be classified as gross misdemeanors, the penalties associated with a gross misdemeanor conviction, and the defenses that are available to you if you have been charged with a gross misdemeanor. If you have been charged with a gross misdemeanor, it is important to seek the advice of an experienced criminal defense attorney who can help you navigate the legal system and protect your rights.
