Court Process
Misdemeanor vs. Gross Misdemeanor vs. Felony in Minnesota
Minnesota sorts crimes by severity: a misdemeanor carries up to 90 days in jail and a $1,000 fine; a gross misdemeanor carries up to 364 days and a $3,000 fine; and a felony is any crime punishable by more than one year, ranging up to life. There is also a petty misdemeanor, which is not a crime at all and carries only a fine. The level controls the penalties, the procedures, and the long-term consequences.
Minnesota sorts crimes by severity: a misdemeanor carries up to 90 days in jail and a $1,000 fine; a gross misdemeanor carries up to 364 days and a $3,000 fine; and a felony is any crime punishable by more than one year, ranging up to life. There is also a petty misdemeanor, which is not a crime at all and carries only a fine. The level controls the penalties, the procedures, and the long-term consequences. Here is how the categories compare.
Quick Comparison
| Level | Maximum jail/prison | Maximum fine | Is it a "crime"? |
|---|---|---|---|
| Petty misdemeanor | None (no jail) | Up to $300 | No — a petty offense |
| Misdemeanor | Up to 90 days | Up to $1,000 | Yes |
| Gross misdemeanor | Up to 364 days | Up to $3,000 | Yes |
| Felony | More than 1 year (up to life) | Varies, often high | Yes — most serious |
Petty Misdemeanor
A petty misdemeanor is not a crime under Minnesota law. It is punishable by a fine only (up to $300), with no jail. Many traffic offenses fall here. Because it is not a crime, it does not carry the same record consequences as a misdemeanor — though it can still appear on certain records.
Misdemeanor
A misdemeanor is a crime punishable by up to 90 days in jail and a $1,000 fine. Common examples include many first-time, lower-level offenses. Even at this level, a conviction is a criminal record that can affect employment and housing, which is why outcomes like a stay of adjudication can matter. (See our page on the stay of adjudication.)
Gross Misdemeanor
A gross misdemeanor sits between a misdemeanor and a felony, punishable by up to 364 days in jail and a $3,000 fine. The 364-day cap (rather than a full year) exists for specific legal reasons, but the practical point is that gross misdemeanors are serious — many DWI and repeat offenses land here.
Felony
A felony is any offense punishable by more than one year of incarceration, up to and including life for the most serious crimes. Felonies carry the heaviest penalties and the most severe collateral consequences — including effects on firearm rights, voting in some circumstances, employment, and licensing. Many felony sentences are guided by the Minnesota Sentencing Guidelines. Outcomes like a stay of imposition (which can reduce a felony to a misdemeanor on successful probation) can be significant here. (See our page on the stay of imposition.)
How the Level Is Determined
For many offenses, the level depends on specifics — often a dollar amount, the presence of injury, a weapon, or prior offenses. Theft is a clear example: the same act can be a misdemeanor or a felony depending on the value involved, with the felony line at more than $1,000. (See our page on theft charges.) Prior convictions can also elevate an offense, as with repeat DWIs.
Why the Distinction Matters Beyond Jail Time
- Court process. Felonies and gross misdemeanors involve more procedural steps, including the omnibus stage. (See our page on the omnibus hearing.)
- Collateral consequences. A felony can affect rights and opportunities far beyond the sentence.
- Expungement. Eligibility and waiting periods differ by level. (See our page on expungement.)
- Negotiation. Reducing a charge by one level — felony to gross misdemeanor, for instance — can change a person's future.
Key Terms
- Petty misdemeanor: A non-criminal offense punishable by a fine only.
- Misdemeanor: A crime with up to 90 days and a $1,000 fine.
- Gross misdemeanor: A crime with up to 364 days and a $3,000 fine.
- Felony: A crime punishable by more than one year, up to life.
- Collateral consequences: The non-sentence effects of a conviction.
Questions people ask about misdemeanor vs. gross misdemeanor vs. felony in minnesota
What is the difference between a misdemeanor, gross misdemeanor, and felony in Minnesota?
They differ by maximum penalty. A misdemeanor carries up to 90 days and a $1,000 fine; a gross misdemeanor up to 364 days and a $3,000 fine; and a felony more than one year, up to life. The level also affects procedures and long-term consequences.
Is a petty misdemeanor a crime?
No. A petty misdemeanor is not a crime in Minnesota. It is punishable by a fine of up to $300 with no jail, and many traffic offenses fall into this category.
Why is a gross misdemeanor capped at 364 days?
The 364-day maximum exists for specific legal reasons, keeping it just under a full year. Practically, gross misdemeanors are still serious, and many DWI and repeat offenses fall at this level.
What makes something a felony?
A felony is any offense punishable by more than one year of incarceration. Felonies carry the most severe penalties and collateral consequences, and many are guided by the Minnesota Sentencing Guidelines.
Can a charge level be reduced?
Sometimes. Negotiation or sentencing outcomes can reduce a charge by a level — for example, a stay of imposition can result in a felony being deemed a misdemeanor after successful probation. Reductions can significantly change consequences.
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Read the guideThe information on this article is for general informational purposes only and is not legal advice. Reading this article does not create an attorney-client relationship.