Comparisons / Legal Differences
Misdemeanor vs. Gross Misdemeanor vs. Felony
In Minnesota, 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 carries more than one year of potential incarceration - up to and including prison, with the most serious felonies reaching decades. The level also drives long-term consequences like firearm rights and enhancement.
Short answer
Minnesota sorts crimes into three main levels, and the level controls both the immediate penalties and a lot of the long-term consequences. From least to most serious: misdemeanor, gross misdemeanor, felony.
The headline numbers: misdemeanor up to 90 days and $1,000; gross misdemeanor up to 364 days and $3,000; felony more than a year of potential incarceration, up to prison. But the jail numbers are only part of the story.
Misdemeanor charges
A misdemeanor is the lowest level of crime (above a petty misdemeanor, which is not even a crime and carries no jail). A misdemeanor carries up to 90 days in jail and up to a $1,000 fine. Many first-time misdemeanor cases resolve without jail.
Even so, a misdemeanor is still a criminal conviction that can show up on background checks and carry collateral effects. It should not be dismissed as trivial.
Gross misdemeanor charges
A gross misdemeanor sits in the middle, with up to 364 days in jail and up to a $3,000 fine. The 364-day figure (just under a year) is deliberate and matters in some contexts, including immigration.
Many offenses become gross misdemeanors when there are aggravating facts or prior offenses - for example, certain repeat or enhanced charges. The jump from misdemeanor to gross misdemeanor is a real escalation.
Felony charges
A felony is any offense punishable by more than one year of incarceration, and felonies range from the lower end of the Sentencing Guidelines grid all the way up to the most serious offenses carrying decades or life. Felony sentencing in Minnesota is driven by the Guidelines grid - the offense's severity level and the person's criminal history score.
Felonies also carry the heaviest collateral consequences: loss of firearm rights, immigration exposure, employment and licensing barriers, and the ability to enhance future charges. Because the stakes climb so steeply with the level, what level a case is charged at - and whether it can be reduced - is often the central fight. This is general information, not legal advice.
Questions people ask about misdemeanor vs. gross misdemeanor vs. felony
What's the maximum penalty for a misdemeanor in Minnesota?
Up to 90 days in jail and up to a $1,000 fine. A petty misdemeanor, by contrast, is not a crime and carries no jail - just a fine.
Why does the 364-day gross misdemeanor limit matter?
The just-under-a-year maximum (364 days rather than 365) is intentional and can matter in contexts like immigration, where a potential sentence of a year or more carries heavier consequences.
What makes something a felony?
Any offense punishable by more than one year of incarceration is a felony. Felony sentences are driven by Minnesota's Sentencing Guidelines grid, and felonies carry the heaviest collateral 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.