- Levels:four (plus petty).
- Charge vs:conviction level.
- Goal:reduction.
- Drives:exposure, consequences.
Minnesota sorts crimes into three main levels by maximum penalty: a misdemeanor carries up to 90 days in jail and a $1,000 fine, a gross misdemeanor up to 364 days and a $3,000 fine, and a felony more than one year in prison. The level determines everything downstream — where the case is heard, your exposure, the long-term record, and the collateral consequences. Understanding the differences (and a key distinction between the level of the charge and the level of the conviction) is the foundation of understanding any Minnesota criminal case.
The Three Levels (Plus One)
Under Minn. Stat. § 609.02, Minnesota defines offense levels by their maximum possible penalty:
- Petty misdemeanor: Not a crime — a fine-only offense up to $300 (think most traffic violations). It doesn't carry jail and isn't a criminal conviction.
- Misdemeanor: Up to 90 days in jail and/or a $1,000 fine. Examples include many first-time DWIs and fifth-degree assault.
- Gross misdemeanor: Up to 364 days in jail and/or a $3,000 fine. Examples include second/third DWIs and many domestic assault cases. (The cap is 364 days, not 365 — deliberately, to stay below the one-year line that triggers certain federal consequences.)
- Felony: More than one year of imprisonment, served in state prison, plus potentially large fines. Felonies are governed by the Sentencing Guidelines.
Why the Level Matters So Much
- Exposure: The level sets the maximum jail or prison time and fine.
- Record and consequences: A felony triggers the most severe collateral consequences — firearm loss, licensing problems, and more — while a misdemeanor is far less damaging.
- Procedure: Felonies and gross misdemeanors go through the omnibus hearing process; misdemeanors follow a simpler track.
- Firearms and immigration: The line between levels (and the 364-day cap) can determine firearm eligibility and immigration outcomes.
Charge Level vs. Conviction Level — A Crucial Distinction
Here's something many people don't realize: the level you're charged with isn't necessarily the level you end up convicted of. Under Minn. Stat. § 609.13, how a case is sentenced can change the level of conviction. For example, a felony charge resolved with a sentence of 364 days or less (or through a stay of imposition) can result in a conviction that is deemed a gross misdemeanor or misdemeanor on your record. This is exactly the kind of outcome a strong defense fights for — keeping the conviction level (and its consequences) as low as possible.
Can a Charge Be Reduced?
Often, yes. A central part of defense work is negotiating a higher charge down to a lower level — a felony to a gross misdemeanor, or a gross misdemeanor to a misdemeanor — which reduces jail exposure and softens the lasting record. Whether that's achievable depends on the evidence, your history, and the prosecutor, but it's frequently where real value is added.
Updated May 18, 2026 · Law verified as of June 7, 2026. This article is general information about Minnesota law, not legal advice.
Frequently Asked Questions
What's the maximum penalty for each level in Minnesota?
A misdemeanor carries up to 90 days in jail and a $1,000 fine; a gross misdemeanor up to 364 days and a $3,000 fine; a felony more than one year in prison plus possible fines. A petty misdemeanor isn't a crime — it's a fine-only offense up to $300.
Is a gross misdemeanor a felony?
No. A gross misdemeanor is a middle level — more serious than a misdemeanor but capped at 364 days in jail, which keeps it below the felony threshold of more than one year.
Can a felony charge end up as a misdemeanor conviction?
Yes, in some cases. Under Minn. Stat. § 609.13, the way a case is sentenced — for example, a stay of imposition or a sentence of 364 days or less — can result in a conviction deemed a lower level than the original charge. Reducing the conviction level is a common defense goal.
Does the offense level affect my gun rights?
It can. Felony convictions generally bar firearm possession, and certain domestic-violence-related convictions affect firearm rights even at lower levels. The level and nature of the offense matter.
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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.