If you find yourself facing a felony charge in the St. Paul area, you’ll need to contact a St. Paul criminal justice attorney immediately. If you receive a felony conviction, what sentence will the court impose on you?
Minnesota’s Felony Sentencing Guidelines were established in 1980 to promote uniformity and proportionality in sentencing. The guidelines aim to ensure that offenders convicted of similar offenses receive similar sentences, regardless of race or gender.
The Minnesota Felony Sentencing Guidelines provide Minnesota judges with a structure for sentencing convicted felony offenders and give those judges the discretion to adjust sentences when compelling factors warrant a departure from the guidelines.
The Sentencing Guidelines Grid
The Felony Sentencing Guidelines apply only to adult felony offenders. The guidelines are based on a sentencing grid, which determines the recommended penalty by weighing two primary factors: the offender’s criminal history and the severity of the offense.
The grid assigns each felony offense an Offense Severity Level, which reflects the severity of the crime. Recommended sentences (in months) are found at the intersection of the two axes. The axes represent the two factors that Minnesota courts apply when determining felony sentences:
- Severity Level (vertical axis): Here, the focus is on the current felony conviction. The severity level rankings start on the high end at Severity Level 11 (mostly murder cases). At the low end is Severity Level 1, which includes lesser offenses such as simple assault.
- Criminal History Score (horizontal axis): The offender’s criminal record is considered on this part of the grid. An offender accumulates points based on previous convictions and the offender’s custody status at the time of the current offense.
First-degree murder is excluded from the guidelines as it carries a mandatory life sentence by law. Different grids are used for drug and sex crimes due to the unique nature of those offenses.
How is Someone’s Criminal History Score Determined?
The Criminal History Score is a numerical measure of a convicted offender’s previous record. A higher score results in a harsher recommended sentence. Points are accumulated in several categories:
- Previous felony sentences: Prior felony convictions for which the offender received a prison or probation sentence of one year or more are assigned points based on their severity.
- Custody status: One point is added if the offender was under correctional supervision (probation or parole) at the time of the current offense.
- Prior misdemeanor/gross misdemeanor: Points are assigned for prior misdemeanor or gross misdemeanor convictions, such as convictions for assault, DWI, or theft.
- Serious juvenile adjudications: Certain serious offenses committed by an offender who was a juvenile (aged 14–17) can also contribute to the Criminal History Score.
Determining the Presumptive Sentence
The cell where the Offense Severity Level intersects with the Criminal History Score contains the presumptive sentence (in months). Judges may impose a sentence that is 15% lower or 20% higher than the recommended length without “departing” from the guidelines.
If a convicted offender is placed on probation under court supervision, the presumptive prison sentence is stayed. There are two types of stayed sentences:
- Stay of Imposition: The court does not impose a specific sentence length. If the offender completes probation successfully, the conviction may be reduced to a misdemeanor or gross misdemeanor, which is a significant benefit.
- Stay of Execution: The court imposes the full presumptive sentence, but the execution of the sentence is stayed. If the convicted offender violates the terms of probation, the full prison sentence may be imposed.
Departures and Aggravating Factors
Minnesota judges may impose sentences that are higher or lower than the guidelines recommend, but these “departures” are allowed only if a judge finds substantial reasons that the presumptive sentence would not be appropriate. The judge must state the reasons for the departure in writing.
Aggravating circumstances make a crime more severe than a typical case, justifying a harsher sentence. Examples include:
- The offender was extraordinarily cruel to the victim.
- The victim was particularly vulnerable (a senior or disabled person, for example).
- The crime involved a high degree of planning and organization.
- The offender targeted multiple victims.
- The crime was committed for the benefit of a gang.
Mitigating Factors
Mitigating factors are circumstances that make a crime less severe or the offender less culpable than in a typical case, justifying a more lenient sentence. Examples include:
- The offender acted under strong provocation.
- The offender played a passive or minor role in the commission of the crime.
- The offender made an effort to pay restitution.
If you face a felony charge, your St. Paul criminal justice lawyer will seek to have the charge dropped, the case dismissed, or ask a jury to find you not guilty. But if your conviction is certain, your lawyer will emphasize any mitigating factors and seek reduced or alternative sentencing.
Does Minnesota Have Mandatory Minimum Sentences? What About “Split” Sentences?
For certain felony offenses, Minnesota state law prescribes a mandatory minimum sentence. The mandatory minimum takes precedence over the presumptive guidelines if the minimum sentence is longer. If the grid’s recommended sentence is longer, the grid’s sentence is imposed.
When an offender receives a split sentence, the sentence is split into two parts. Usually, someone receiving a split sentence serves two-thirds of the sentence in prison and the other third on probation. A thirty-month split sentence usually means twenty months in prison and ten months on probation.
If the Police Arrest You for a Felony
If the police arrest you on a felony charge in the St. Paul area, try to be friendly and cooperative. Refrain from physically resisting the officers. Arrange to speak with a St. Paul criminal justice attorney immediately. Do not attempt to act as your own defense lawyer.
Politely insist upon exercising your right to stay silent and your right to have your defense attorney present during any questioning. Do not sign any document, make any confession, or agree to any plea deal without first consulting attorney Rebecca Adams.
For several decades, St. Paul criminal defense attorney Rebecca Adams has represented clients facing DWI, domestic violence, reckless driving, assault, and drug charges in the St. Paul area. To learn more about her legal practice, or if you are facing a felony charge now, schedule a free consultation by calling Adams Law Firm, PLLC, at 651-240-9282.
