Minnesota Felony & Misdemeanor Criminal Defense

Guide to
Minnesota Law

Minnesota Felony & Misdemeanor Criminal Defense

Felony & Misdemeanor Criminal Defense

Felony & Misdemeanor Criminal Defense

This chapter outlines how the criminal justice system operates, describes some of the most common criminal infractions, rights of persons accused of crimes, and rights of crime victims. Domestic abuse and protective orders are covered in the Family Law Chapter. Criminal procedure is covered in the Process of a Lawsuit Chapter. Private causes of action that result from criminal conduct are covered in the Personal Injury Law: General Chapter.

Criminal Codes

Criminal law defines conduct that is prohibited and the range of penalties that can be imposed for violating these prohibitions. Persons who violate criminal laws can lose their freedom by either being jailed or imprisoned or, in some states, by being executed. All crimes are defined by statutes. These statutes are collected and organized into codes known as criminal codes. In addition to the Minnesota state criminal code, which applies only in Minnesota, the federal government has a criminal code that regulates certain crimes nationwide. Most criminal activity violates either a state law or a federal law, not both. An important area regulated by both federal and state criminal codes is drug crimes. A person who violates the laws governing controlled substances (which can be illegal drugs such as marijuana and cocaine or a legally prescribed drug such as codeine) can be prosecuted in either state or federal court or both.

Every crime is statutorily defined by a list of elements. In a criminal trial, a prosecutor attempts to prove that all the elements of the crime that the defendant is accused of committing are met. If a court or jury finds that all the elements of the crime are met, the accused is guilty of the crime.

Offenses

Criminal codes penalize a broad variety of activities. Criminal codes make a major distinction between felonies and misdemeanors. Felonies are crimes for which a person can be sentenced to more than one year in prison. Misdemeanors are divided into three categories: gross misdemeanors, misdemeanors, and petty misdemeanors.

Alcohol and Drug-Related Traffic Offenses

Alcohol and drug-related traffic offenses, commonly known as driving while intoxicated (DWI) offenses, are frequently prosecuted. There are several types of offenses with which a person can be prosecuted as DWI. If a person's blood alcohol content (BAC) is .10 or greater and the person is in physical control of a motor vehicle, he or she is considered to be driving while intoxicated. Even if the BAC is .10 or more within two hours after the person was driving, the same criminal charge applies.

Another type of charge is simply being under the influence of alcohol or drugs. If a person's ability to drive is adversely affected by alcohol or a controlled substance, even if the BAC is not over the limit, the person is said to be driving under the influence. Generally, if the evidence shows that a person's BAC was .04 or more, that is sufficient to prove he or she was under the influence. It is also a DWI-related crime in Minnesota to refuse to submit to a chemical blood, breath, or urine test if the person is asked to do so by a police officer.

DWI laws do not require a person actually to be driving a car to be guilty of the offense. All that is required is that the person be "in physical control" of the vehicle. Physical control can mean sitting in a car, even without the keys in the ignition. Also, the vehicle does not have to be a car. DWI-related offenses can apply to farm tractors or boats.

The first time a person violates any of these provisions is a misdemeanor. However, it is a gross misdemeanor to violate any of the DWI-related provisions twice in five years or three times in ten years. It is also a gross misdemeanor to commit a DWI-related crime while there is a child in the vehicle.

Generally, when a person is convicted of DWI, his or her driver's license will be revoked for 30 days, and a chemical dependency assessment charge of $125 will be imposed. Refusal to submit to alcohol or drug testing will result in automatic license suspension for 90 days. If the person convicted of DWI is under 21 years of age, the license or permit may be revoked for six months. Subsequent offenses bring more severe penalties. When a person commits DWI-related crimes repeatedly, he is described as a "habitual offender," and the penalties for additional offenses increase to include mandatory imprisonment. In some cases, a person who has committed repeated DWI-related crimes may have the following penalties imposed:

The motor vehicle may be impounded
The person may be required to abstain from consuming alcohol and controlled substances
The person may be required to submit to treatment or rehabilitation
Probation
The person may lose driving privileges for life

Assault

As discussed in the Personal Injury Law: General Chapter, Minnesota law distinguishes between assault and battery in private lawsuits. Minnesota's criminal code does not distinguish between assault and battery; instead, criminal assault includes both. Assault is defined as an act done with intent to cause another to fear immediate bodily harm or death or intentionally inflicting or attempting to inflict bodily harm on another. Assault is further broken down into degrees depending on whether injury is actually inflicted, the identity of the victim, and the degree of injury. The different treatment of assault and battery between the civil and criminal systems can be confusing. For example, attacking someone with a knife is called assault in the criminal code and battery under the civil system. Threatening to attack someone with a knife without actually doing so equals assault under both the criminal and civil codes.

Harassment and Stalking

Harassment and stalking are closely related crimes. Harassment and stalking can include:

Repeated, intrusive, and unwanted acts, words, or gestures intended to adversely affect the safety, security, or privacy of another
Targeted residential picketing directed at a particular residence that interferes with the safety, security, or privacy of its residents
Pattern of attending public events after being notified that one's presence is harassing to another
Repeated unwanted phone calls, letters, telegrams, or packages

Harassment and stalking can be difficult to prove, so it is important that a victim try to document the activities as much as possible. Letters, photographs, journal entries describing dates, times, places, and witnesses can be helpful in prosecuting a harasser or stalker.

Someone being victimized by a family or household member can seek an order of protection from district court to protect the victim from abuse. Anyone can ask a state district court for a restraining order to protect himself or herself from anyone else, whether or not the abuser is a family or household member.

Theft

The legal definition of theft encompasses a broad range of activities when one person uses, transfers, conceals, or retains possession of another person's property without the other person's consent. This definition is much broader than what most persons believe to be theft and can include writing bad checks, unauthorized use of a credit card, keeping found property without making a reasonable attempt to find its rightful owner, misusing trade secrets, unlawfully tapping into cable television services, wrongfully receiving public assistance, and removing serial numbers from movable property with the intent of concealing the identity of the true owner.

Burglary and Robbery

Burglary is unlawfully breaking into, or remaining in, a building with the intent to commit a crime there. It is burglary to enter a house unlawfully with the intent to steal money or property, but it is also burglary to enter with the intent to commit a felony such as arson or murder. A person commits a burglary regardless of whether he or she actually steals anything or commits any other felony while in the house. Simple robbery is unlawfully taking personal property from another person or in the presence of the other person while using or threatening to use force against the person. Aggravated robbery is robbery committed with a dangerous weapon.

Homicide and Suicide

Homicide is the killing of another human being. There are four types of homicide: murder, voluntary manslaughter, involuntary manslaughter, and criminal vehicular homicide.

Murder is the unlawful killing of another with premeditated intent to kill and malice (hatred). Murder is divided into subcategories by degree of seriousness. Murder in the first degree is killing someone with premeditation and intent or during the commission of a violent felony. The amount of premeditation required is very slight, even a moment spent thinking about killing a person before actually killing that person may be sufficient to constitute premeditation. Murder in the second degree is killing someone with intent to kill but without premeditation or killing someone while committing a felony offense. Murder in the third degree is causing the death of another person without intent to kill but through a dangerous act or by distributing a controlled substance.

Manslaughter differs from murder because manslaughter does not require proof of hatred. There are two kinds of manslaughter: voluntary and involuntary. Voluntary manslaughter is killing another person while intentionally engaged in an action which is very dangerous. Involuntary manslaughter is an unintentional killing. This is usually the result of criminal negligence rather than hatred.

Criminal vehicular homicide is causing the death of another person as a result of negligently operating a motor vehicle.

Suicide is taking one's own life. Suicide and attempted suicide are no longer crimes in Minnesota. However, aiding another person to commit suicide or attempt suicide are crimes. Assisted suicide is a controversial issue that has hotly divided public opinion. In Minnesota, most acts that assist another person to commit suicide are clearly illegal. A few actions are specifically exempted from punishment. For example, withdrawing life support in accordance with a living will or established medical practice is not illegal.

Sex Crimes

Rape, sodomy, incest, fornication, pimping, and prostitution are crimes in Minnesota. Some of these laws, like the prohibitions against sodomy and fornication, are technically still on the books, but rarely enforced. In fact, Minnesota laws are somewhat contradictory because they criminalize sodomy and fornication, but they also make it a crime to discriminate in housing and employment against persons who engage in these activities.

Most persons accused of sex crimes are tried for violations of a modern law that lumps many actions together under the title of criminal sexual conduct. Criminal sexual conduct is divided into four degrees depending upon the age of the victim, age of the accused, whether force is used, and the existence of any special relationship between the parties, such as parent-child or physician-patient.

In Minnesota, judges are required to double the punishment imposed on a pattern sex offender, which is someone who repeats or is likely to repeat a sex crime, or someone who plans the crime.

White Collar Crimes

A number of miscellaneous nonviolent crimes are frequently lumped together as white collar crimes. There is no fixed definition of white collar crime, although it usually includes bribery, embezzlement, fraud, forgery, and violations of trust committed by corporations or individuals engaged in commerce. Historically, many white collar crimes have received lenient punishment from a criminal justice system that considered white collar crimes to be less serious than more violent crimes. Today, the trend is for stricter punishment of white collar crimes in recognition of the financial damage they inflict on society.

Civil Rights Crimes

The Minnesota Human Rights Act forbids discrimination in employment, housing, and commerce on the basis of race, sex, marital status, status with regard to public assistance, disability, sexual orientation, or age. Violation of these prohibitions can subject the violator to criminal prosecution.

Attempt, Conspiracy, Aiding and Abetting

Anyone who, with intent to commit a crime, does an act which is a substantial step toward committing the crime may be guilty of attempting to commit a crime. The substantial step can not be mere preparation for the crime. For example, if someone buys a gun with intent to kill another person, purchasing the gun is mere preparation and thus is not an attempt. If he or she buys a gun and goes to the other person's house, only to be scared away by the presence of police, he or she may be guilty of attempting to commit a crime. Merely thinking about committing a crime is not a crime.

The law of conspiracy and the law of aiding and abetting are two more general doctrines that apply to a wide range of substantive offenses. Conspiracy is an agreement between two or more persons to commit a crime. A conspirator is considered criminally liable for the acts of co-conspirators if the acts were reasonably foreseeable. If two or more people conspire to commit a crime and at least one of them takes action to further the conspiracy, all parties are guilty of the crime of conspiracy.

Also, a person who aids or advises another in committing a crime can be criminally liable for the acts of the other person. Thus, intentionally advising a person how to commit a crime, for instance, is aiding and abetting. The law treats an aider and abettor as equally liable.

Federal Drug and Gun Laws

Federal laws contain harsh penalties for distributing controlled substances, especially if any firearms are even remotely involved. For example, any person who possesses with intent to distribute five grams of crack cocaine is subject to a mandatory five-year sentence without parole. If a gun is available for use or being carried during a drug transaction, a five-year mandatory sentence must be imposed consecutively to a conviction for any drug offense. The gun does not have to be displayed or used but simply available for use. Thus, if a person possesses five grams of crack cocaine with intent to distribute it from their home and a gun is on the premises, the person would receive a mandatory ten-year sentence, without parole, even for a first offense and even if the offender is only 18 years old. In most circumstances, federal judges cannot depart from these mandatory sentences. Penalties for other controlled substance offenses are also harsh and become much harsher as quantities of the contraband increase.

Defenses

In some criminal trials, all the elements of a crime are met but the accused is not punished because he or she has a valid defense to excuse the crime. As a general rule, a person may use whatever force, short of deadly force, he or she reasonably believes is necessary to prevent immediate unlawful harm to self or another person. If a person claims self-defense, the state must prove beyond a reasonable doubt that self-defense was not the motive. A person defending property from interference by others is only allowed to use reasonable force. Using deadly force is only permissible when it reasonably appears necessary to avoid immediate death or serious injury to a person or to prevent the commission of a felony in the actor's dwelling.

Intoxication is not a defense to a crime by itself, but, in rare cases, can prevent a person from being guilty because he or she can not form the necessary intent to commit a crime. For example, someone who is intoxicated probably cannot commit a crime that requires he or she act intentionally, but the intoxicated person may be guilty of another crime that does not require intentional actions.

Except for involuntary manslaughter, anyone who participates in a crime because he or she is coerced with threats that create a reasonable apprehension of immediate death, is excused from criminal liability.

Punishment

Crimes are divided into categories depending on their seriousness. The most serious crimes, including kidnapping, murder and rape, are called felonies and are subject to the strictest punishment, such as lengthy imprisonment. Lesser crimes are called gross misdemeanors. Still lesser crimes are called misdemeanors. Punishment for committing a misdemeanor or gross misdemeanor may include jail time or fines.

A category below misdemeanors is called petty misdemeanors. Despite their name, petty misdemeanors are not actually crimes under Minnesota law. In Minnesota, petty misdemeanors carry fines of no more than $100 ($200 in a few cases) and a person cannot go to jail for committing a petty misdemeanor. Most minor traffic offenses are petty misdemeanors. Anyone who commits the same petty misdemeanor repeatedly, such as being caught speeding three times within a one-year period, can be charged with a misdemeanor.

Minnesota has laws that allow the authorities to seize property connected with the commission of a crime. For example, Minnesota authorities can seize guns and ammunition found in a vehicle used to commit a felony offense, near a person carrying a felony-level amount of drugs, or on the property where a felony-level of drugs is found.

Crime Victim's Rights

Crime victims have several rights in Minnesota's criminal justice system. The crime victim has a right to be notified of:

Plea bargain agreements
When and where the accused will be tried and, if found guilty, sentenced
Transfer of the offender to a less secure correctional facility
Release of the offender from prison or other institution
Evidence indicating the presence of sexually transmitted disease, if victimized by a sexual assault The crime victim has the following rights in connection with the prosecution of a defendant:
Right to testify to the court about the impact of the crime on the victim
Right to object to any plea bargain
Right to give written objection to a sentence
Right to request a speedy trial
Right to request court-awarded restitution

The Minnesota Crime Victim Reparations Board can help some crime victims with some financial losses. Victims of violent crimes can ask the board for reimbursement of medical costs, counseling costs, lost wages, and other costs associated with the crime. Surviving family members of homicide victims can request aid for funeral expenses, loss of support, and counseling. There are several requirements that must be met for a victim to get reimbursement. Victims of most crimes must report the crime to the police within five days of the crime and must cooperate fully in the investigation and prosecution. Most claims must be filed within one year of the victim's injury or death.

The victim can sometimes get the person who committed the crime to pay to replace stolen or damaged property. In this case, the state arranges to collect the money from the criminal and sends a check to the victim when all the restitution has been made. If the court does not order restitution, or if a prosecutor does not press charges, the victim still has the option to sue the person in civil court. Other services available to certain crime victims are battered women's shelters and sexual assault assistance.

Juveniles and the Law

Minnesota has a juvenile court system for minors under age 18 that operates separately from other courts. Minors who run afoul of the law are said to commit delinquent acts rather than crimes. The distinction is one of words only. Delinquent acts committed by a minor are called crimes if committed by an adult. The most significant distinction between the juvenile court system and adult criminal courts is in courtroom procedures. Juvenile courts are generally less formal than other courts. Juveniles do not have a right to a trial by jury in Minnesota.

Minnesota recently made dramatic changes in how some violent juvenile offenders are treated. A juvenile age 14 to 17 accused of committing a felony can be tried as an adult if the juvenile court finds the accused is dangerous and unsuitable for treatment within the juvenile system. These proceedings are conducted in open court. However, no one under the age of 14 in Minnesota can be tried as an adult, no matter how serious the offense. A juvenile court must make juveniles found guilty of traffic offenses pay reasonable restitution for damage caused by their actions.

Minors giving courtroom testimony in an assault case or other crime of violence such as murder can have a supportive person present during their testimony. This new law greatly expands the conditions under which a supportive person can assist a minor giving testimony. Minnesota also has established a class of serious juvenile offenders, called the extended jurisdiction juvenile (EJJ). The EJJ does have the right to a public defender and the right to a jury trial. EJJs are serious offenders who are sentenced with a juvenile court penalty as well as an adult court penalty. The adult-level penalty is not imposed unless the limitations of the sentence are violated.

Resources

Mothers Against Drunk Driving (MADD), 450 Syndicate North, #190, St. Paul, MN 55104; (612) 649-0370 or 1-800-487-MADD

Crime Victim Services, Minnesota Crime Victims Reparation Board, 444 Cedar Street, #100-C, St. Paul, MN 55101-2156; (612) 282-6256 or 1-800-247-0390 (free brochures: Financial Help for Crime Victims; Restitution and Other Remedies).

University Student Legal Service, University of Minnesota, 160 West Bank Union Skyway, 219 19th Avenue South, Minneapolis, MN 55455; (612) 624-1001 (free booklet: Drunk Driving in Minnesota, the Law, Penalties, and Responsibilities).