Minneapolis Gross Misdemeanors
In Minnesota, a gross misdemeanor is any crime that is not a felony or a misdemeanor. The maximum fine imposed for a gross misdemeanor is $3,000, and the maximum jail time is one year. Unlike other states that define any crime that requires less than a year in prison a misdemeanor, Minnesota utilizes the gross misdemeanor category. According to the state’s law, a gross misdemeanor is more severe than a misdemeanor but less severe than a felony.
TYPES OF GROSS MISDEMEANORS
GUN LAWS
Gun laws in Minnesota explain that if a private seller makes a private transfer to a prohibited person, who uses or possesses the firearm while committing a felony crime of violence within one year of the transfer, the seller commits a gross misdemeanor.
PROSTITUTION
A person who engages in prostitution; hires an individual of 18 years or older, or who violates these provisions within two years of previous conviction, is guilty of a gross misdemeanor.
DWI
If a person receives a DWI for the first time, Minnesota laws state that he or she has committed a gross misdemeanor if:
- The driver has an alcohol level of under 0.16, and a child is a passenger in the vehicle
- The blood alcohol level is 0.16 or over
- The blood alcohol level is 0.16 or more, and a passenger is a child
- The driver refuses a field test (a charge added to the original DWI)
A second offense carries with it a gross misdemeanor charge if:
- The alcohol concentration level is under 0.16
- The alcohol level is over 0.16
- The alcohol concentration level measures any level and a child is in the vehicle
- The driver refuses a field sobriety test
A third offense results in a gross misdemeanor if the driver:
- Shows any level of alcohol concentration and refuses to test
THEFT
Committing a theft in Minnesota is a gross misdemeanor if:
- The value of the services or property is more than $500, but not more than $1,000 and the individual has faced conviction in the preceding five years, for this same type of offense
- The violation created a risk of bodily harm to another ( in this case, the penalty can change to a felony with a sentence of as much as three years in prison or payment of a fine of up to $5,000, or both
DOMESTIC ASSAULT
If a family member inflicts bodily harm on another family member and the action takes place within ten years of a previous qualified family violence-related offense conviction or adjudication of delinquency against a family or household member, the assailant is committing a gross misdemeanor.
DRUG POSSESSION
A person convicted of unlawfully possessing one or more mixtures containing a controlled substance classified in the Minnesota statutes, except a small amount of marijuana, who has not obtained a previous drug violation conviction, is guilty of a gross misdemeanor if:
- The amount of the controlled substance (except heroin) is less than 0.25 grams
- The amount is less than one dosage unit or less
- The element is heroin in the amount of fewer than 0.05 grams
CRIMINAL STATUTES OF LIMITATIONS
The time between when a criminal act is committed and when the criminal prosecution commences are put in place to ensure that the defendant receives a fair trial in a proper amount of time.
Statutes of limitations encourage law enforcement and prosecutors to act in a timely fashion in apprehending and bringing wrongdoers to justice.
Minnesota has no statutes of limitations for a crime resulting in the death of a victim.
There is no statute of limitation in a kidnapping crime.
Labor trafficking of a victim under the age of 18 has no statute of limitation.
Sex offenses also have no statutes of limitations.
Sex offenses that involve victims under the age of 18 carry a nine-year statute of limitation after the crime was committed, or three years after the violation came to the attention of law enforcement.
Other statutes are in place for different types of crimes. But the overriding message is that if you or someone you love is involved in a gross misdemeanor crime, the sooner you acquire excellent legal support, the better.
SPEAS LAW FIRM, P.A.
With 25 years of experience and attorneys who will listen and work diligently to achieve the outcomes you deserve, Minneapolis Criminal Lawyer & Criminal Defense Attorney is where you need to be. Set up your initial consultation today.