What is a Misdemeanor in MN?
In the state of Minnesota, a misdemeanor is a type of criminal offense that is considered less serious than a felony but more serious than a petty offense. Misdemeanors are punishable by up to 90 days in jail and/or a fine of up to $1,000. In this article, we will delve into the details of what constitutes a misdemeanor in Minnesota, the types of crimes that are considered misdemeanors, and the consequences of being convicted of a misdemeanor.
What is the Difference Between a Misdemeanor and a Felony?
Before we dive into the specifics of misdemeanors in Minnesota, it’s essential to understand the difference between a misdemeanor and a felony. Felonies are considered more serious crimes that are punishable by more than one year in prison. Examples of felonies in Minnesota include murder, assault, and drug trafficking. In contrast, misdemeanors are considered less serious crimes that are punishable by up to one year in prison.
Types of Misdemeanors in Minnesota
There are several types of misdemeanors in Minnesota, including:
- Misdemeanor 1st degree: These are the most serious type of misdemeanor and are punishable by up to 90 days in jail and/or a fine of up to $1,000. Examples of misdemeanor 1st degree crimes include theft, burglary, and assault.
- Misdemeanor 2nd degree: These crimes are punishable by up to 30 days in jail and/or a fine of up to $500. Examples of misdemeanor 2nd degree crimes include disorderly conduct, trespassing, and public intoxication.
- Misdemeanor 3rd degree: These crimes are punishable by up to 30 days in jail and/or a fine of up to $500. Examples of misdemeanor 3rd degree crimes include petty theft, vandalism, and disorderly conduct.
Examples of Misdemeanor Crimes in Minnesota
Some examples of misdemeanor crimes in Minnesota include:
- Theft: Taking someone else’s property without their permission.
- Assault: Physically harming someone else or threatening to harm them.
- Burglary: Breaking into someone else’s property with the intent to commit a crime.
- Trespassing: Entering someone else’s property without their permission.
- Public Intoxication: Being drunk in public and causing a disturbance.
- Disorderly Conduct: Engaging in behavior that disturbs the peace or causes a disturbance.
Consequences of Being Convicted of a Misdemeanor
If you are convicted of a misdemeanor in Minnesota, you may face several consequences, including:
- Jail time: You may be sentenced to up to 90 days in jail, depending on the severity of the crime.
- Fine: You may be required to pay a fine of up to $1,000, depending on the severity of the crime.
- Probation: You may be placed on probation, which means you will be required to follow certain rules and conditions for a set period of time.
- Community service: You may be required to perform community service as part of your sentence.
- Loss of privileges: You may lose certain privileges, such as the right to vote or own a firearm.
Defending Against a Misdemeanor Charge
If you are facing a misdemeanor charge in Minnesota, it’s essential to work with an experienced criminal defense attorney. Your attorney can help you understand the charges against you and develop a defense strategy. Some common defenses against misdemeanor charges include:
- Lack of evidence: If the prosecution does not have enough evidence to prove your guilt, your attorney may be able to negotiate a plea deal or get the charges dismissed.
- Self-defense: If you were acting in self-defense, your attorney may be able to argue that you were justified in your actions.
- Mistaken identity: If you were mistakenly identified as the perpetrator, your attorney may be able to argue that you were not the one who committed the crime.
Conclusion
In conclusion, a misdemeanor in Minnesota is a type of criminal offense that is punishable by up to 90 days in jail and/or a fine of up to $1,000. There are several types of misdemeanors in Minnesota, including misdemeanor 1st degree, misdemeanor 2nd degree, and misdemeanor 3rd degree. If you are facing a misdemeanor charge, it’s essential to work with an experienced criminal defense attorney to develop a defense strategy and understand the charges against you.
