Minnesota Criminal Law

Minnesota criminal law and criminal procedure governs the process from arrest to conviction to appeals in Minnesota.The laws and rules provide detailed explanations and procedures of crimes, punishments, and trial processes.The information below is a selection of common topics in Minnesota criminal law, and will provide a basic understanding of the subject. For more specific information, or if arrested in Minnesota, contact a Minnesota criminal law attorney.

Drug Possession in Minnesota

Drug possession in Minnesota is divided into degrees of crime that vary in punishment. The degrees are determined by the type and quantity of the drug, and the criminal charge:

• 1st degree drug offenses in Minnesota: punishable by up to 30 years in prison and a fine up to $1,000,000:
• Sale of 10 grams or more of narcotics or 50 kilograms of marijuana
• Possession of 25 grams of narcotics or 100 kilograms of marijuana.
• 2nd degree drug offenses in Minnesota: punishably by up to 25 years in prison and a fine up to $500,000.
• Sale of over 3 grams of narcotics or 25 kilograms of marijuana
• Possession of 6 grams of narcotics or 50 kilograms of marijuana.
• 3rd degree drug offenses in Minnesota: punishable by up to 20 years in prison and a fine up to $250,000.
• Sale of any amount of narcotics or 5 kilograms of marijuana
• Possession of 3 grams or more of narcotics or 10 kilograms of marijuana.

For specific information on possible charges stemming from a drug arrest, or if arrested drug possession in Minnesota, contact a Minnesota criminal defense attorney.

Assault in Minnesota

Assault charges in Minnesota can arise when an assailant physically harms a person, and has varying degrees of punishments depending on the nature of the crime:

• A simple assault in Minnesota arises when the defendant intentionally causes a realistic fear of imminent physical harm, or intentionally inflicts harm on another. The crime is a misdemeanor
• If the assailant intentionally assaults a victim and causes substantial bodily harm, the crime is a felony punishable by up to 5 years in prison and a fine up to $10,000.
• If the assailant uses a dangerous weapon in the commission of the assault, the crime is punishable by up to 7 – 10 years in prison and a fine from $14,000 to $20,000 depending on how severely the victim is injured.
• If an assailant causes the victim great bodily harm, the punishment can elevate to up to 20 years in prison and a fine up to $30,000.

For questions concerning a specific incident, or if arrested for assault in Minnesota, contact a Minnesota criminal defense attorney.

Minnesota Drunk Driving

DWI A Minnesota DWI charge can result in serious consequences and should not be taken lightly. A first time offender faces a jail term of up to 90 days, a fine of $1,000, community service, license suspension between 90 days and one year, fees over $500, and a possible ignition interlock device. If arrested for DWI in Minnesota contact a Minnesota DWI attorney.

Right to Jury in Minnesota

According to the Minnesota Rules of Criminal Procedure, a defendant in any case for a crime punishable by incarceration is entitled to a jury trial. For misdemeanors not punishable by jail time, a judge will hear the case without a jury. If a defendant wishes he may elect to waive his right to a jury trial.

Trial Date in Minnesota

In Minnesota, the court will set a trial date after an indictment.In setting the date the court will consider the severity of the crime and whether or not the defendant is out on bail or in custody in order to determine priority of cases tried. A court may grant a continuance on a trial on a motion by either party if the motion demonstrates there is sufficient cause to postpone the trial.

Appeals in Minnesota

A defendant convicted of a crime in Minnesota may file an appeal of the judgment or conviction to a higher court within 60 days after the entry of the order. A convicted defendant may also file a petition to the trial court alleging the sentence or conviction was a violation of the defendant's rights, or new evidence has come to light establishing the defendant's innocence. The petition would request a court vacate the judgment or sentence. Appeals and petitions for relief in Minnesota require attention to procedural detail; contact a Minnesota defense attorney for assistance.

Minnesota Criminal Law and Procedure Statutes and Rules

Click here for the Minnesota Statutes:

1. Drug Possession in Minnesota
1. Minnesota Statutes, Chapter 152: Drugs; Controlled Substances §§ .021 - .025
2. Assault in Minnesota
1. Minnesota Statutes, Chapter 609: Criminal Code §§ .221 - .224
3. Minnesota Drunk Driving
1. Minnesota Statutes Chapter 169A: Driving While Impaired §§ .20, .27, .275
4. Trial Date in Minnesota
1. Minnesota Statutes, Chapter 630 §§ .35, .36 & Chapter 631 §§ .02, .021
5. Sentence Review / Appeals in Minnesota
1. Minnesota Statutes, Chapter 590: Postconviction Relief §§ .01, .06

1. Right to Jury in Minnesota
1. Minnesota Rules of Criminal Procedure, Rule 26.01