When faced with criminal accusations, it’s easy to feel overwhelmed by the unfamiliar terminology thrown your way. You might be wondering, “What’s the difference between a misdemeanor, gross misdemeanor, and a felony?” And more importantly, “What does it mean for my future?” The fact that you are asking these questions means you are on the right path to protecting your future. After all, the type of charge you face will significantly affect various aspects of your life, so you need to know how severity levels differ and what your options are for fighting each one.
Definition of Misdemeanor Charges
A misdemeanor charge in Minnesota is a criminal offense that is less serious than a felony, but more serious than a pretty misdemeanor (such as a speeding or parking ticket). Misdemeanors are punishable by up to 90 days in county jail and a fine of up to $1,000. A conviction of a misdemeanor offense could include probation, electric home monitoring, community service, court ordered programming, or mandatory counseling.
Common examples of misdemeanor offenses include misdemeanor theft, most first time DWI’s, disorderly conduct, simple assault, and various driving violations. While the penalties for misdemeanors may seem relatively minor, a conviction can still have lasting consequences on your criminal record and your ability to secure employment or housing.
Definition of Gross Misdemeanor Charges
Gross misdemeanors are a step above misdemeanors in terms of severity. In Minnesota, a gross misdemeanor is punishable by up to one year in county jail and a fine of up to $3,000. Conviction of a gross misdemeanor could lead to mandatory jail time or electric home monitoring, as well as a lengthier term of probation.
Some examples of gross misdemeanor offenses include a second or subsequent DUI offense, criminal vehicular operation, possession of small amounts of marijuana, and fifth degree criminal sexual conduct. Most misdemeanor offenses can also be charged as a gross misdemeanor if there are aggravating factors present. Since gross misdemeanors can result in more significant criminal penalties compared to standard misdemeanors, it’s important you seek help from a knowledgeable gross misdemeanor attorney.
Definition of Felony Charges
A felony is the most serious type of criminal offense and typically involves a crime that is considered dangerous or harmful to the public. In Minnesota, a felony conviction could result in a minimum of one year in prison and several thousands of dollars in fines. Felony convictions also come with much longer and more intense probationary terms, including providing your DNA sample, regular searches of your person and home by probation, the inability to possess firearms, and the loss of your right to vote.
Common examples of felony crimes include aggravated assault, criminal vehicular homicide, armed robbery, murder, and possession of large quantities of controlled substances. It’s important to note that felony convictions can also have a profound impact on an individual’s personal and professional life.
Consequences of a Felony Conviction
Beyond jail time, prison sentences, fines, and probation, a felony conviction could have several collateral consequences, including:
- Employment: Employers may be hesitant to hire individuals with criminal records, even for misdemeanor or gross misdemeanor convictions. If someone has a felony conviction, it can be even more challenging to secure employment, as many employers have strict policies against hiring individuals with felony records.
- Housing: A felony conviction can make it significantly more difficult to obtain loans, including home loans, or be approved as a rental tenant.
- Firearm Rights: A pending felony matter or felony conviction will result in the temporary loss of your firearm rights. Luckily, your firearm rights may be restored after completion of probation. However, if you are convicted of a violent or drug-related felony, you may be ineligible to own or possess a firearm/ammunition for the rest of your life. Contact the attorneys at Universal Defense to learn how you may be able to petition the Court to restore your firearm rights in Minnesota.
- Voting Rights: A felony conviction will also result in the temporary loss of your voting rights, though these rights will automatically be restored after completing your sentence, including probation or parole.
- Professional Licensing: In Minnesota, there are several professions that require a clean criminal record before applying for licensing. If convicted of a felony, you may be ineligible to obtain licensing or certification in relation to nursing, accounting, engineering, real estate, and commercial truck driving (CDL).
- Sex Offender Registry: If you are convicted of a sex offense in Minnesota, you may be required to register as a sex offender for a minimum of ten years. Lifetime registration is required for some offenses, depending on the severity.
Key Differences Between Misdemeanors, Gross Misdemeanors, and Felonies
When comparing misdemeanor, gross misdemeanor, and felony charges, it’s helpful to note their differences in severity, processes, and implications. For example, misdemeanors and gross misdemeanors are less serious crimes than felonies. Felonies often involve violence or significant harm to people or property, while misdemeanors tend to involve minor infractions or crimes that do not cause significant damage.
Misdemeanors, and sometimes gross misdemeanors, often resolve much faster than a felony offense. Although any case may resolve with a plea negotiation at any point, misdemeanors and gross misdemeanors are typically easier and quicker for a defense attorney to negotiate. Felony charges, and sometimes gross misdemeanor offenses, on the other hand, go through a more complex legal process that includes several preliminary hearings and lengthy trials. Because the stakes involved are higher, it makes sense that the felony process generally takes much longer to move through the court system.
Defense Strategies for Misdemeanor, Gross Misdemeanor, and Felony Charges
Regardless of the type of charges you are facing, it is crucial to seek legal representation. An experienced criminal defense attorney can help you navigate the legal system, explore defense strategies, and work to mitigate the potential consequences of a conviction.
Some common defense strategies for misdemeanor, gross misdemeanor, and felony charges include:
Challenging the Evidence
One of the most effective defense strategies is to challenge the evidence presented against you. Your attorneys at Universal Defense will have access to police reports, physical evidence, and witness statements and will have the legal knowledge and ability to find weaknesses in the State’s case. Your attorney may argue that law enforcement did not have probable cause to arrest you, their evidence was obtained illegally, you were falsely accused, you acted in self-defense, or the evidence is insufficient to prove you guilty of every legal element of the crime.
Negotiating a Plea Deal
In some cases, your attorney may be able to negotiate a plea agreement with the State. A plea negotiation often involves pleading guilty to a lesser offense or accepting a reduced sentence in exchange for avoiding a trial and the risk of a harsher sentence if convicted of the original charge at trial. Your attorney can present mitigating factors and effectively negotiate with the prosecutor to reach the best possible outcome for your case.
Trial Preparation
If plea negotiations are unsuccessful or if you choose to contest your charges, your case may proceed to trial. It’s essential to prepare for trial by thoroughly reviewing all evidence, preparing witnesses and exhibits, and developing a strong legal defense strategy uniquely tailored to your case. A Universal Defense attorney can represent you throughout preliminary hearings, file motions with the court on your behalf, meet with you to make sure you understand the trial process and your defense strategy, cross-examine witnesses, and present evidence on your behalf to argue for your innocence.
Fight Criminal Charges With Help From Universal Defense
Whether you’re facing misdemeanor, gross misdemeanor, or felony charges, the lawyers at Universal Defense are here to fight for your best possible legal outcome. We will help you navigate the complexities of Minnesota’s legal system and build a strong defense so that your life may return to normal as quickly as possible. Contact us today to discuss your case and learn how we can help you make it to the other side of this challenging time.