Minnesota Felony and Misdemeanor Levels: Sentences and Fines (2026)

Minnesota does not sort crimes into lettered or numbered classes. Instead, Minn. Stat. 609.02 defines four levels by the sentence the law allows: a felony is "a crime for which a sentence of imprisonment for one year or more may be imposed," a misdemeanor carries no more than 90 days or a $1,000 fine, a gross misdemeanor is any crime that is neither (fine up to $3,000), and a petty misdemeanor "does not constitute a crime" and carries a fine of up to $300. Each felony statute sets its own maximum, and the Minnesota Sentencing Guidelines grid, not that maximum, sets the presumptive prison term. For how other states compare, see our guide to felony and misdemeanor classes by state.

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Minnesota's offense levels in Minn. Stat. 609.02, the default penalties in 609.03 and 609.0341, the Sentencing Guidelines framework in 244.09, the minimum fines in 609.101, the repeat-offender and mandatory-sentence provisions in 609.1095, 609.106, 609.11, 152.021 and 609.3455, the deeming and certification rules in 609.13 and 609.131, and probation and revocation under 609.135 and 609.14. It does not cover how individual offenses are graded (see the Minnesota theft laws and Minnesota assault and battery laws pages for two examples), time limits for charges, record clearing, the cells of the Sentencing Guidelines grid, supervised release after prison, local ordinances, or federal offenses (the state-by-state hub covers the federal classes).

Felony, gross misdemeanor, misdemeanor and petty misdemeanor

Minnesota's definitions turn on the punishment that "may be imposed." Minn. Stat. 609.02 provides:

Subdivision 1. Crime. "Crime" means conduct which is prohibited by statute and for which the actor may be sentenced to imprisonment, with or without a fine. Subd. 2. Felony. "Felony" means a crime for which a sentence of imprisonment for one year or more may be imposed. Subd. 3. Misdemeanor. "Misdemeanor" means a crime for which a sentence of not more than 90 days or a fine of not more than $1,000, or both, may be imposed. Subd. 4. Gross misdemeanor. "Gross misdemeanor" means any crime which is not a felony or misdemeanor. The maximum fine which may be imposed for a gross misdemeanor is $3,000.

The gross misdemeanor sits between the other two. Section 609.0341, subdivision 1, provides that any law "which provides for a maximum fine of $1,000 or for a maximum sentence of imprisonment of one year or which is defined as a gross misdemeanor shall, on or after August 1, 1983, be deemed to provide for a maximum fine of $3,000 and for a maximum sentence of imprisonment of 364 days." So the gross misdemeanor ceiling is 364 days, one day short of the one-year felony line.

Where a sentence is served also follows the line. Under 609.105, "A felony sentence to imprisonment for one year or more shall commit the defendant to the custody of the commissioner of corrections," while "A sentence to imprisonment for a period of less than one year shall be to a workhouse, work farm, county jail, or other place authorized by law."

Minnesota offense levels and maximum penalties

Because Minnesota has no felony classes, the table shows each level and the default penalty that applies when the offense statute itself sets none.

Minnesota also sets a minimum fine. Under 609.101, subdivision 4, a court sentencing a felony, gross misdemeanor or misdemeanor not listed in subdivisions 2 or 3 "must impose a fine of not less than 30 percent of the maximum fine authorized by law," except that for gross misdemeanors and misdemeanors a lower amount may be set on the Judicial Council's uniform fine schedule; subdivisions 2 and 3 set the same 30 percent minimum for listed assault, criminal sexual conduct and controlled substance offenses. The court may not waive the minimum fine, but may reduce it to not less than $50 for a person who qualifies for a public defender, is indigent or would suffer undue hardship, and may allow community work service instead (609.101 subd. 5).

These are the default ranges for each level. The Sentencing Guidelines set the presumptive sentence for most felonies, and 609.1095, 609.106, 609.11, 152.021 and 609.3455 require executed prison terms or life sentences for some repeat and aggravated convictions, described below.

Section 609.03 states the defaults: "If a person is convicted of a crime for which no punishment is otherwise provided the person may be sentenced as follows: (1) If the crime is a felony, to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both; or (2) If the crime is a gross misdemeanor, to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both; or (3) If the crime is a misdemeanor, to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both."

The top of the scale is set offense by offense. Minn. Stat. 609.185(a) provides that a person guilty of murder in the first degree "shall be sentenced to imprisonment for life." Our page on how long a life sentence lasts in Minnesota covers what that term means in practice. As one example of a term of years, unintentional second-degree murder "may be sentenced to imprisonment for not more than 40 years" (609.19 subd. 2).

The legislature controls the range. Under 609.095(a), "The legislature has the exclusive authority to define crimes and offenses and the range of the sentences or punishments for their violation. No other or different sentence or punishment shall be imposed for the commission of a crime than is authorized by this chapter or other applicable law."

How a felony sentence is actually set

For felonies, the statutory maximum is the outer limit, not the typical sentence. Minn. Stat. 244.09, subdivision 5, directs the Sentencing Guidelines Commission to set "a presumptive, fixed sentence for offenders for whom imprisonment is proper, based on each appropriate combination of reasonable offense and offender characteristics," and provides that "The guidelines shall provide for an increase of 20 percent and a decrease of 15 percent in the presumptive, fixed sentence."

The statute labels the guidelines advisory but makes their procedure mandatory: "Although the Sentencing Guidelines are advisory to the district court, the court shall follow the procedures of the guidelines when it pronounces sentence in a proceeding to which the guidelines apply by operation of statute."

The current edition of the Minnesota Sentencing Guidelines and Commentary states that the guidelines "are effective August 1, 2026 and determine the presumptive sentences for felony offenses committed on or after the effective date." It explains that "The presumptive sentence is found in the cell of the appropriate Grid located at the intersection of the criminal history score and the severity level." Presumptive sentences "are presumed to be appropriate for all typical cases sharing criminal history and offense severity characteristics." The grid also sets the presumptive disposition: a "presumptive commitment" to prison for cells outside the shaded area of the grid, and a "presumptive stayed sentence" for cells within it (Guidelines 1.B.13.a).

Repeat offenders and mandatory sentences

Minnesota has no habitual-felon class, but several statutes require prison or life terms that the ordinary guideline sentence would not.

Dangerous offender (609.1095 subd. 2). For a violent felony committed at 18 or older, when the judge is imposing an executed sentence based on a presumptive prison sentence, the judge may depart up to the statutory maximum if the court finds the offender has two or more prior convictions for violent crimes and the fact finder determines that the offender "is a danger to public safety."

Third violent felony (609.1095 subd. 3). Unless a longer mandatory minimum applies or the court imposes a longer aggravated durational departure under subdivision 2, a person convicted of a violent felony "must be committed to the commissioner of corrections for a mandatory sentence of at least the length of the presumptive sentence under the Sentencing Guidelines if the court determines on the record at the time of sentencing that the person has two or more prior felony convictions for violent crimes." The statute adds that "The court shall impose and execute the prison sentence regardless of whether the guidelines presume an executed prison sentence," and that the person "is not eligible for probation, parole, discharge, or work release, until that person has served the full term of imprisonment imposed by the court."

Five or more prior felonies (609.1095 subd. 4). When the judge is imposing an executed sentence based on a presumptive prison sentence, "the judge may impose an aggravated durational departure from the presumptive sentence up to the statutory maximum sentence if the factfinder determines that the offender has five or more prior felony convictions and that the present offense is a felony that was committed as part of a pattern of criminal conduct." This departure is discretionary.

Life without release (609.106). The court "shall sentence a person to life imprisonment without possibility of release" in listed circumstances, including first-degree murder under 609.185, paragraph (a), clause (1), (2), (4) or (7); first-degree murder committed in the course of a kidnapping under clause (3); and first-degree murder under clause (3), (5) or (6) where "the person has one or more previous convictions for a heinous crime." Parallel rules apply to first-degree murder of an unborn child under 609.2661. A person who was under 18 at the time of the offense is instead sentenced "to imprisonment for life."

Weapon minimums (609.11). For the offenses listed in 609.11, subdivision 9, using a dangerous weapon other than a firearm requires a prison commitment of at least one year and one day (three years for a second or subsequent such offense), and possessing or using a firearm requires at least three years (five years for a second or subsequent offense). A conviction under 609.165 or 624.713, subdivision 1, clause (2), for unlawful firearm possession requires at least five years (609.11 subds. 4, 5). Anyone sentenced under the section "is not eligible for probation, parole, discharge, or supervised release until that person has served the full term of imprisonment as provided by law" (subd. 6). Under subdivision 8, on the prosecutor's motion or its own, the court may sentence without regard to these minimums if it finds "substantial and compelling reasons to do so," but not if the defendant has a previous subdivision 9 conviction in which the defendant used or possessed a firearm or other dangerous weapon, and not in certain first- and second-degree drug cases involving a firearm (subd. 8(b), (c)).

Repeat drug offenses (152.021, 152.026). A subsequent controlled substance conviction for first-degree controlled substance crime under 152.021 requires a prison commitment "for not less than four years nor more than 40 years" (152.021 subd. 3(b)), and a person sentenced to a mandatory sentence under 152.021 or 152.022 "is not eligible for probation, parole, discharge, or supervised release until that person has served the full term of imprisonment as provided by law" (152.026).

Repeat sex offenses (609.3455 subd. 10). A person convicted under 609.342 to 609.345 or 609.3453 "within 15 years of a previous sex offense conviction" must be committed to the commissioner of corrections "for not less than three years, nor more than the maximum sentence provided by law," and the court may stay that sentence "only if it finds that a professional assessment indicates the offender is accepted by and can respond to treatment at a long-term inpatient program exclusively treating sex offenders and approved by the commissioner of corrections." Other subdivisions of 609.3455 provide life sentences and mandatory conditional release for certain sex offenders.

Offenses with no penalty stated

Most Minnesota offense statutes set their own term and fine, so 609.03 applies only to a crime "for which no punishment is otherwise provided." For a crime other than a misdemeanor where a fine is imposed but no amount is specified, 609.03(4) allows "a fine of not more than $1,000, or to imprisonment for a specified term of not more than six months if the fine is not paid."

Older statutes with fixed figures are converted by 609.0341. As described above, any law that sets a $1,000 fine or a one-year maximum, or that is defined as a gross misdemeanor, is read as providing up to $3,000 and 364 days. Subdivision 2 does the same for older felony fines, reading a stated $2,000 maximum as $4,000, $5,000 as $10,000, $10,000 as $20,000, and so on up to $40,000 as $50,000.

When a felony counts as a misdemeanor

Minnesota's statutes change how a felony or gross misdemeanor conviction is treated in two ways.

First, the sentence can change the level of the conviction. Minn. Stat. 609.13, subdivision 1, provides that, notwithstanding a felony conviction, "(1) the conviction is deemed to be for a misdemeanor or a gross misdemeanor if the sentence imposed is within the limits provided by law for a misdemeanor or gross misdemeanor as defined in section 609.02; or (2) the conviction is deemed to be for a misdemeanor if the imposition of the prison sentence is stayed, the defendant is placed on probation, and the defendant is thereafter discharged without a prison sentence." Subdivision 2 applies the same approach to a gross misdemeanor, which is deemed a misdemeanor if the sentence is within misdemeanor limits or if imposition is stayed and the defendant "is thereafter discharged without sentence."

Second, a misdemeanor can be handled as a petty misdemeanor. Under 609.131, subdivision 1, "an alleged misdemeanor violation must be treated as a petty misdemeanor if the prosecuting attorney believes that it is in the interest of justice that the defendant not be imprisoned if convicted and certifies that belief to the court at or before the time of arraignment or pretrial hearing, and the court approves of the certification motion." Subdivision 2 excludes misdemeanor violations of 169A.20, 171.09 subd. 1(g), 171.306 subd. 6, 609.224, 609.2242, 609.226, 609.52 and 617.23 (and conforming ordinances), and provides that those "must be treated as a misdemeanor unless the defendant consents to the certification of the violation as a petty misdemeanor."

Is a petty misdemeanor a crime in Minnesota?

No. Minn. Stat. 609.02, subdivision 4a, defines a petty misdemeanor as "a petty offense which is prohibited by statute, which does not constitute a crime and for which a sentence of a fine of not more than $300 may be imposed." Because "crime" under subdivision 1 means conduct for which the actor "may be sentenced to imprisonment," a petty misdemeanor carries a fine only.

Consecutive misdemeanor sentences are also capped. Under 609.15, subdivision 2, if all consecutive sentences are for misdemeanors, "the total of the sentences shall not exceed one year"; for a gross misdemeanor and one or more misdemeanors, two years; and for all gross misdemeanors, four years.

Probation in Minnesota

Minnesota calls probation a "stay" of imposition or execution of sentence. Minn. Stat. 609.135, subdivision 1(a), allows a court to stay a sentence "Except when a sentence of life imprisonment is required by law, or when a mandatory minimum sentence is required by section 609.11." A 609.11 minimum is not required where the court sentences without regard to it under 609.11, subdivision 8. Other statutes also bar or limit probation, among them the third-violent-felony rule in 609.1095 subd. 3, the repeat drug offense rule in 152.026 and the repeat sex offense rule in 609.3455 subd. 10 described above.

The maximum length of the stay depends on the level and the offense (609.135 subd. 2):

The statute allows extensions beyond these limits. Under 609.135, subdivision 2(h), a court may extend probation "for up to one year" for unpaid court-ordered restitution that the defendant is likely not to pay before the term ends, and that extension "may be extended by the court for up to one additional year." Under subdivision 2(i), a court may extend probation "for up to three years" if the defendant "has failed to complete court-ordered treatment successfully" and is likely not to complete it before the term expires.

As a condition of probation, the court "may, as a condition of probation, require the defendant to serve up to one year incarceration in a county jail" or other local facility, or require a fine, or both (609.135 subd. 4). The defendant "shall be discharged six months after the term of the stay expires, unless the stay has been revoked or extended" (609.135 subd. 2(g)).

What happens after a probation violation

Minn. Stat. 609.14, subdivision 1(a), allows the court, when a defendant appears to have violated probation, to "without notice revoke the stay and direct that the defendant be taken into immediate custody," and adds: "Revocation shall only be used as a last resort when rehabilitation has failed." If the grounds are disputed, "a summary hearing shall be held thereon at which the defendant is entitled to be heard and to be represented by counsel" (subd. 2).

If a violation is found, the options depend on what was stayed (609.14 subd. 3). Where imposition of sentence was stayed, the court may "again stay sentence or impose sentence and stay the execution thereof," placing the defendant on probation or ordering intermediate sanctions, "or impose sentence and order execution thereof." Where a sentence was imposed and its execution stayed, the court may "continue such stay and place the defendant on probation or order intermediate sanctions" or "order execution of the sentence previously imposed."

Some first violations get extra protection. Under 609.14, subdivision 1a, "Policies favoring probation outweigh the need for confinement" for a person who has not previously violated a condition in an open criminal case and commits one of nine listed violations (such as violating a curfew, failing to keep a job or, unless supervised for a DWI or listed criminal vehicular offense, using alcohol or drugs), and the court "may not direct that the person be taken into immediate custody unless the court receives a written report, signed under penalty of perjury pursuant to section 358.116, showing probable cause to believe the person violated probation and establishing by a preponderance of the evidence that the continued presence of the person in the community would present a risk to public safety." Separately, subdivision 2a requires the probation agent to present local options, including inpatient chemical dependency treatment, when a nonviolent controlled substance offender on supervised probation appears for a technical violation, meaning any violation of a probation order other than an alleged new criminal act charged in a formal complaint, citation or petition (244.195 subd. 15).

Recent changes

• 2026 Sentencing Guidelines: a new edition took effect August 1, 2026, and governs presumptive sentences for felonies committed on or after that date.
• Laws 2026, chapter 97: amended 609.19, subdivision 2 (unintentional second-degree murder) effective August 1, 2026, for crimes committed on or after that date; the 40-year maximum is unchanged. The same act added a new section 609.099 and amended 609.133, subdivision 4 and 244.10, subdivision 5a.
• Probation limits: 609.135, subdivision 2 was last amended by Laws 2023, chapter 52, article 6, section 13 and Laws 2024, chapter 123, article 6, section 9. The 2025 and 2026 sessions did not amend 609.02 subdivisions 1 to 4a, 609.03, 609.13, 609.131, 609.135, 609.14 or 244.09.

Related legal issues

Specific offenses are placed into these levels by their own statutes. The Minnesota theft laws page explains how theft is graded into these levels, and the Minnesota assault and battery laws page does the same for assault.

For clearing a record, see Minnesota expungement laws. Time limits for bringing felony and misdemeanor charges are on the Minnesota statute of limitations page.

A felony conviction also matters under federal law: 18 U.S.C. 922(g)(1) makes it unlawful for a person convicted of "a crime punishable by imprisonment for a term exceeding one year" to possess any firearm or ammunition in or affecting commerce, subject to the definitions in 18 U.S.C. 921(a)(20). Separately, 18 U.S.C. 922(g)(9) bars possessing a firearm or ammunition after a conviction in any court of a misdemeanor crime of domestic violence, as 18 U.S.C. 921(a)(33) defines it, whatever the misdemeanor's maximum sentence. The felony and misdemeanor classes hub covers the federal classes.

Related

• Felony and misdemeanor classes by state
• Minnesota theft laws
• Minnesota assault and battery laws
• Minnesota expungement laws
• How long is a life sentence in Minnesota
• Iowa felony and misdemeanor classes
• North Dakota felony and misdemeanor classes

This article provides general legal information about Minnesota law as of 2026-10-17. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Minnesota.

Last updated: 2026-10-17.

Frequently Asked Questions

What is the difference between a felony and a misdemeanor in Minnesota?

Under Minn. Stat. 609.02, a felony is a crime for which imprisonment of one year or more may be imposed, and a misdemeanor is a crime punishable by up to 90 days, a $1,000 fine, or both. A gross misdemeanor is any crime that is neither, with up to 364 days and a $3,000 fine (609.03, 609.0341).

Does Minnesota have felony classes like Class A or Class B?

No. Minnesota defines felony, gross misdemeanor, misdemeanor and petty misdemeanor by the sentence allowed (609.02), and each felony statute states its own maximum. When a felony statute sets no punishment, 609.03 allows up to 5 years, a $10,000 fine, or both.

What is a gross misdemeanor in Minnesota?

It is any crime that is not a felony or misdemeanor (609.02 subd. 4). Unless the offense statute sets another penalty, it carries up to 364 days in jail, a fine of up to $3,000, or both (609.03(2), 609.0341).

Is a petty misdemeanor a crime in Minnesota?

No. Minn. Stat. 609.02 subd. 4a says a petty misdemeanor does not constitute a crime, and the maximum penalty is a fine of up to $300.

Is the statutory maximum the sentence a Minnesota court gives for a felony?

Not usually. The Sentencing Guidelines grid sets a presumptive sentence from the offense severity level and criminal history score, with a range 20 percent above and 15 percent below it (244.09 subd. 5). The statutory maximum is the outer limit, and statutes such as 609.1095, 609.106, 609.11, 152.021 and 609.3455 require executed prison or life terms in some cases.

Can a felony become a misdemeanor in Minnesota?

Under 609.13, a felony conviction is deemed a misdemeanor or gross misdemeanor if the sentence imposed is within those limits, and deemed a misdemeanor if the prison sentence is stayed, the person is placed on probation and is later discharged without a prison sentence.

How long is probation in Minnesota?

Under 609.135 subd. 2, felony probation is up to 5 years or the maximum prison term, whichever is less, except that listed felonies, including homicide, criminal sexual conduct and stalking offenses, allow 4 years or the maximum, whichever is longer. Gross misdemeanors allow up to 2 years (4 for listed offenses) and misdemeanors up to 1 year (2 for listed offenses), and courts may extend probation for unpaid restitution or unfinished treatment.

What happens if you violate probation in Minnesota?

Under 609.14, the court may revoke the stay, but revocation is to be used only as a last resort. After a summary hearing with the right to counsel, the court may again stay the sentence, continue probation with intermediate sanctions, or execute the sentence, and a first violation of certain listed conditions has added protections.