What Counts as a Felony in Minnesota?

What counts as a felony in Minnesota? Under state law, a felony is a crime for which a sentence of imprisonment for one year or more may be imposed (Minn. Stat. § 609.02, subdivision 2). The definition turns on the sentence the law allows for an offense, not on a label attached to the conduct. Homicide offenses such as murder and first-degree manslaughter fall within that definition because each carries a possible prison term well beyond one year.

The legal definition of a felony

Minnesota law builds the definition in two steps. A crime is conduct prohibited by statute for which a person may be sentenced to imprisonment, with or without a fine (Minn. Stat. § 609.02, subdivision 1). A felony is a crime for which a sentence of imprisonment for one year or more may be imposed (Minn. Stat. § 609.02, subdivision 2).

In other words, the classification depends on the sentence the law permits for the offense.

A conviction, in turn, means a plea of guilty, or a verdict of guilty by a jury or a finding of guilty by the court, that is accepted and recorded by the court (Minn. Stat. § 609.02, subdivision 5).

How felonies compare with lesser offenses

Minnesota sorts offenses into several levels, and the felony definition is easiest to understand next to the others (Minn. Stat. § 609.02):

• Misdemeanor: 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.

• Gross misdemeanor: any crime that is not a felony or a misdemeanor, with a maximum fine of $3,000.

• Petty misdemeanor: a petty offense prohibited by statute that does not constitute a crime, for which a fine of not more than $300 may be imposed.

Every crime therefore falls into one of three groups: felony, gross misdemeanor, or misdemeanor. A gross misdemeanor is defined by exclusion, as whatever crime is neither of the other two (Minn. Stat. § 609.02, subdivision 4).

A petty misdemeanor stands apart from the others. The statute says it is not a crime at all, and so it cannot be a felony (Minn. Stat. § 609.02, subdivision 4a).

Default sentences when no punishment is set

Many criminal statutes set their own punishment. For a crime with no punishment otherwise provided, a person who is convicted may be sentenced according to the level of the crime (Minn. Stat. § 609.03).

For a felony, that means imprisonment for not more than five years or a fine of not more than $10,000, or both. For a gross misdemeanor, the imprisonment limit is 364 days (Minn. Stat. § 609.03).

These default limits apply only when no other punishment is provided. Offenses that have their own sentence provisions, such as the homicide offenses described below, are governed by those provisions.

Homicide offenses that are felonies

Several homicide statutes show how the definition applies. Each authorizes imprisonment well beyond one year, which places the offense within the felony definition (Minn. Stat. § 609.02, subdivision 2).

First-degree murder

A person guilty of first-degree murder shall be sentenced to imprisonment for life (Minn. Stat. § 609.185). The offense covers situations such as these:

• causing a death with premeditation and with intent to effect the death of a person;

• causing a death while committing or attempting first- or second-degree criminal sexual conduct with force or violence;

• causing a death, with intent to effect death, while committing or attempting burglary, aggravated robbery, kidnapping, or certain other listed crimes;

• causing the death of a peace officer, prosecuting attorney, judge, or correctional guard performing official duties, with intent to effect death;

• causing the death of a minor while committing child abuse, after a past pattern of child abuse, under circumstances manifesting extreme indifference to human life;

• causing a death while committing domestic abuse, after a past pattern of domestic abuse, under the same extreme indifference standard;

• causing a death while committing, conspiring to commit, or attempting a felony crime to further terrorism, under that same standard.

Second-degree murder

Second-degree murder carries imprisonment of not more than 40 years (Minn. Stat. § 609.19, subdivision 1). It includes causing a death with intent to effect death but without premeditation, and causing a death while committing or attempting a drive-by shooting in circumstances other than those described in the first-degree statute.

Unintentional second-degree murder also carries up to 40 years (Minn. Stat. § 609.19, subdivision 2). It covers causing a death without intent to kill while committing or attempting a felony offense, with two exceptions: first- or second-degree criminal sexual conduct with force or violence, and a drive-by shooting. It also covers causing a death without intent while intentionally inflicting or attempting to inflict bodily harm on a person protected by an order for protection that restrains the perpetrator.

Third-degree murder

Third-degree murder carries imprisonment of not more than 25 years (Minn. Stat. § 609.195). One form involves causing a death, without intent to effect death, by an act eminently dangerous to others and evincing a depraved mind, without regard for human life.

The other form involves proximately causing a death, without intent to cause death, by unlawfully selling, giving away, delivering, or otherwise distributing or administering a Schedule I or II controlled substance. That form also allows a fine of not more than $40,000, or both.

First-degree manslaughter

First-degree manslaughter may be punished by imprisonment of not more than 15 years or a fine of not more than $30,000, or both (Minn. Stat. § 609.20). The offense includes:

• intentionally causing a death in the heat of passion provoked by words or acts that would provoke a person of ordinary self-control, although a child's crying is not provocation;

• intentionally causing a death because of coercion by threats that cause a reasonable belief that the act is the only means of preventing imminent death;

• proximately causing a death, without intent, by unlawfully distributing or administering a Schedule III, IV, or V controlled substance;

• causing a death while committing or attempting malicious punishment of a child, when murder in the first, second, or third degree is not committed.