Charges and sentences
Felony and misdemeanor classes in Minnesota
Minnesota sorts crimes into felonies, gross misdemeanors and misdemeanors, plus petty misdemeanors, which are not crimes. There are no general felony classes. Some crimes, such as driving while impaired, are split into degrees, but each crime sets its own penalty, and a general default of up to five years applies when none is set.1
Checked October 29, 2026 against Minnesota's own statutes, then by a second reader. General information, not legal advice.
- What makes it a felony
- In Minnesota, a felony is a crime for which a sentence of one year or more may be imposed.1
- Felony theft starts at
- More than $1,000How theft is graded
- When impaired driving is a felony
- First-degree driving while impaired is a felony. It applies to a violation within ten years of the first of three or more qualified prior impaired driving incidents, or after a prior felony conviction for first-degree driving while impaired or for an impairment-related criminal vehicular homicide or injury.2
Felony categories in Minnesota
| Class | Prison | Fine | The law |
|---|---|---|---|
| Felony | Up to 5 years if the offense sets no penalty of its ownMost felonies set their own maximum, which can be much higher. Minnesota does not number or letter its felonies. | Up to $10,000 | Minn. Stat. § 609.03(1)3 |
Misdemeanor classes in Minnesota
| Class | Jail | Fine | The law |
|---|---|---|---|
| Gross misdemeanor | Up to 364 daysA gross misdemeanor is any crime that is not a felony or a misdemeanor. | Up to $3,000 | Minn. Stat. §§ 609.02, subd. 4; 609.03(2)3 |
| Misdemeanor | Up to 90 days | Up to $1,000 | Minn. Stat. §§ 609.02, subd. 3; 609.03(3)3 |
Below a misdemeanor
| Class | Penalty | The law |
|---|---|---|
| Petty misdemeanor | Fine of up to $300; no jailA petty misdemeanor is not a crime under Minnesota law. | Minn. Stat. § 609.02, subd. 4a1 |
Good to know
The 5-year, 364-day, 90-day and fine limits above are defaults. They apply only when the law that creates an offense does not set its own punishment.3
A gross misdemeanor is any crime that is not a felony or a misdemeanor, and its default maximum is 364 days in jail. A crime that allows a sentence of one year or more is a felony.3
Some theft and DWI offenses rise to felony level based on prior convictions or risk of harm. Theft that creates a reasonably foreseeable risk of bodily harm becomes a felony, and since Aug. 1, 2026, a gross misdemeanor theft from a vulnerable adult is also a felony.4
When theft is a felony in Minnesota
In Minnesota, theft of property worth more than $1,000 is a felony (up to 5 years in prison for $1,000 to $5,000, and up to 10 years above $5,000). Theft of $500 to $1,000 is a gross misdemeanor, and $500 or less is a misdemeanor. Theft of a firearm, a motor vehicle, or property taken from a person can be a felony at any value, and a theft of $500 to $1,000 is a felony after a recent theft-type conviction.4
Minn. Stat. § 609.52, subd. 3 · Felony theft amounts in every state
Impaired driving in Minnesota
Minnesota's statute calls the offense driving while impaired (Minn. Stat. § 169A.20). It has four degrees: first-degree is a felony, second- and third-degree are gross misdemeanors, and fourth-degree is a misdemeanor. The statute does not use an abbreviation; "DWI" is common shorthand.
- Repeat offenses
- First-degree driving while impaired is a felony. It applies to a violation within ten years of the first of three or more qualified prior impaired driving incidents, or after a prior felony conviction for first-degree driving while impaired or for an impairment-related criminal vehicular homicide or injury.
- Which past offenses count
- Ten years from the first of three or more qualified prior incidents. A prior felony DWI counts with no time limit. Qualified prior incidents include earlier impaired driving convictions and impaired driving-related license losses.
- Other felony versions
- First-degree driving while impaired carries up to 7 years in prison and a fine of up to $14,000. Criminal vehicular homicide (up to 10 years) and criminal vehicular operation causing great bodily harm (up to 5 years) are also felonies.
Minn. Stat. §§ 169A.03, subd. 22; 169A.20; 169A.24; 169A.25; 169A.26; 169A.27; 609.2112; 609.21132 · Felony DUI rules in every state
After a conviction
Common questions
What is a felony in Minnesota?
In Minnesota, a felony is a crime for which a sentence of one year or more may be imposed.
What is a felony in Minnesota?
In Minnesota, the prison range for a felony is up to 5 years if the offense sets no penalty of its own, and the fine is up to $10,000. Most felonies set their own maximum, which can be much higher. Minnesota does not number or letter its felonies.
What is a gross misdemeanor in Minnesota?
In Minnesota, the jail range for a gross misdemeanor is up to 364 days, and the fine is up to $3,000. A gross misdemeanor is any crime that is not a felony or a misdemeanor.
What is a misdemeanor in Minnesota?
In Minnesota, the jail range for a misdemeanor is up to 90 days, and the fine is up to $1,000.
How much theft is a felony in Minnesota?
In Minnesota, theft of property worth more than $1,000 is a felony (up to 5 years in prison for $1,000 to $5,000, and up to 10 years above $5,000). Theft of $500 to $1,000 is a gross misdemeanor, and $500 or less is a misdemeanor. Theft of a firearm, a motor vehicle, or property taken from a person can be a felony at any value, and a theft of $500 to $1,000 is a felony after a recent theft-type conviction.
When is impaired driving a felony in Minnesota?
First-degree driving while impaired is a felony. It applies to a violation within ten years of the first of three or more qualified prior impaired driving incidents, or after a prior felony conviction for first-degree driving while impaired or for an impairment-related criminal vehicular homicide or injury. First-degree driving while impaired carries up to 7 years in prison and a fine of up to $14,000. Criminal vehicular homicide (up to 10 years) and criminal vehicular operation causing great bodily harm (up to 5 years) are also felonies.
These are the general ranges in Minnesota's sentencing laws. A specific crime can carry its own minimum or maximum, and past convictions can raise the range. This isn't legal advice; a defense lawyer or public defender can tell you what applies to a case.
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Cite this page
Second Chance Index, "Felony and misdemeanor classes in Minnesota" https://secondchanceindex.com/felony-classes/minnesota, checked October 29, 2026.
Sources
Each source was opened and checked on October 29, 2026.
- Minn. Stat. § 609.02, subd. 2
- Minn. Stat. §§ 169A.03, subd. 22; 169A.20; 169A.24; 169A.25; 169A.26; 169A.27; 609.2112; 609.2113
- Minn. Stat. § 609.03
- Minn. Stat. § 609.52, subd. 3a
- Laws of Minnesota 2026, chapter 118 (amending 609.52, subd. 3a)Minnesota Office of the Revisor of Statutes
- Minnesota Statutes 169A.03 Definitions (driving while impaired)Minnesota Office of the Revisor of Statutes
- Minnesota Statutes 169A.20 Driving While ImpairedMinnesota Office of the Revisor of Statutes
- Minnesota Statutes 169A.25 Second-Degree Driving While ImpairedMinnesota Office of the Revisor of Statutes
- Minnesota Statutes 169A.26 Third-Degree Driving While ImpairedMinnesota Office of the Revisor of Statutes
- Minnesota Statutes 169A.27 Fourth-Degree Driving While ImpairedMinnesota Office of the Revisor of Statutes
- Minnesota Statutes 609.2112 Criminal Vehicular HomicideMinnesota Office of the Revisor of Statutes
- Minnesota Statutes 609.2113 Criminal Vehicular Operation; Bodily HarmMinnesota Office of the Revisor of Statutes