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Minnesota Criminal Defense Laws

Minnesota classifies criminal offenses as felonies, gross misdemeanors, misdemeanors, and petty misdemeanors. The state uses sentencing guidelines that calculate presumptive sentences based on offense severity and criminal history. Minnesota also has strong expungement laws that allow certain records to be sealed.

Last verified: 2025-02-24

Statute of Limitations

No limit for murder; 3–9 years for most feloniesMinn. Stat. § 628.26

Murder has no statute of limitations. Most felonies must be charged within 3 years, with longer periods (up to 9 years) for certain sex offenses and financial crimes.

Exceptions

Sexual Conduct Offenses9 years (some with no limit)Minn. Stat. § 628.26(e)–(j)

Criminal sexual conduct offenses have extended limitation periods. Some offenses against minors have no statute of limitations if DNA evidence is available.

Misdemeanors3 yearsMinn. Stat. § 628.26(f)

Misdemeanor and gross misdemeanor charges must generally be brought within 3 years.

Key Minnesota Statutes

Sentencing GuidelinesMinn. Stat. § 244.09

Minnesota uses a sentencing guidelines grid that calculates presumptive sentences based on the severity of the current offense and the offender's criminal history score.

Minnesota allows expungement (sealing) of criminal records in certain circumstances, including completed diversions, petty misdemeanors, certain misdemeanors, and some gross misdemeanors and felonies.

Minnesota DWI penalties escalate based on aggravating factors: prior offenses within 10 years, BAC of .16 or higher, child in the vehicle, or refusal to test.

Right to CounselMinn. Stat. § 611.14

A person charged with a crime punishable by incarceration has the right to be represented by a public defender if they cannot afford an attorney.

Official Sources

Not Legal Advice

This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at Minnesota Revisor of Statutes. For advice about your specific situation, consult a licensed attorney.

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