Rochester Minnesota Felony Defense Lawyer

Felony Offenses Minnesota

Felony offenses are the most serious offenses in the State of Minnesota. Sentencing for felony crimes starts at one year and one day, and can extend up to life in prison without the possibility of parole.  A felony conviction will greatly affect the rest of your life. You may lose the right to possess weapons, the right to vote, your employment opportunities will be limited, it will be difficult to obtain federal student loans, and more. If you have been charged with a felony, contact our office immediately. Our first consultation is free. We will walk you through the process, explain your options, and zealously defend your rights. Contact our Rochester Minnesota Felony Defense attorney, to see how we can help.

Minnesota Felonies

The list of felonies in the State of Minnesota is extensive. It includes the most serious crimes, such as murder, attempted murder, rape, arson, robbery, drug trafficking, assault with weapons or bodily harm, etc; however, it also includes crimes such as theft over a certain amount, fleeing the police in a motor vehicle, bribery, terroristic threats, witness tampering and others.

Felony Court Process

Given the increased seriousness of the crime and the potential punishment, the process of a felony prosecution is more complicated than that of non-felony crimes.

After the arrest, or at the appearance by the defendant following a service of Summons, there will be a first hearing to address what the charges are and what the bail and conditions of release will be. This is often called a Rule 5 hearing or an arraignment.

The next hearing is referred to as the Rule 8 hearing. If the parties have been able to reach an agreement, the Defendant can enter a plea at this time. Otherwise, the court will schedule the next hearing, which is called an omnibus hearing. This is the point in the process when any constitutional issues are addressed. 

Following the omnibus hearing, assuming the charges were not dismissed by the court, there will be a settlement conference. If the case is not resolved at settlement conference, then a pretrial and trial are scheduled.

Unless waived by the defendant, a felony trial requires a jury of 12 people who must unanimously agree to find the defendant guilty in order to convict him/her.

In a felony case, if the defendant is found guilty, a sentencing date will be scheduled and the court will order that a pre-sentence investigation be completed.

Felony Sentencing

Sentencing in a felony matter is largely based on the sentencing guidelines put together by the Minnesota Sentencing Guidelines Commission. The idea behind creating the guidelines is to have similar crimes punished similarly throughout the State.

The Commission has created two grids, one for sex crimes and one for other types of felonies. Each grid has two axes: one refers to the severity level of the crime and the other to the criminal history of the defendant. 

Different crimes are assigned different severity levels. The levels range from A to H on the sex crimes grid and from 1 to 11 on the other grid.

Additionally, each defendant has a criminal history score. If there have been no prior convictions, the score is 0; if there have been prior convictions, the score can be anywhere from 1 to 6 or more. The calculation of a person’s criminal history score is quite complex and too complicated to be addressed here.

Once the severity level of the crime and the criminal history score are known, then the place where the two intersect on the grid indicates the recommended sentence. Depending on the circumstances of the case, the judge can deviate up or down from the recommended sentence.

Here’s an example:

                                                                        Criminal History Score

                                                0          1          2          3          4          5          6 or more

Theft over $5,000.00                12        13        15        17        19        21        23
Severity Level 3

The numbers in bold indicate the recommended sentence, in months, for a severity level 3 theft conviction based on the various criminal history scores. If the defendant is sent to prison, then he/she must serve at least 2/3 of the time before being eligible for parole.

Contact Us Today For a Free Consultation

If you have been arrested and charged with a felony crime, contact our Rochester Minnesota Criminal Defense attorney, to see how we can help. We always offer free initial consultations to our clients. Call 507.206.6020 or complete our free case evaluation form.