Gross Misdemeanor vs. Felony

Minnesota's criminal code divides offenses into three tiers: misdemeanors, gross misdemeanors, and felonies. Understanding the difference matters because it determines how much prison time is possible, where the defendant serves time, what their long-term civil rights look like, and how the case is handled in court.

A misdemeanor in Minnesota is punishable by up to 90 days in jail and a $1,000 fine. A gross misdemeanor — the middle tier — carries up to 365 days in a county jail (not a state prison) and up to a $3,000 fine. A felony is any crime for which the maximum sentence exceeds one year in a state correctional facility. Felony sentences are served in state prison, not county jail.

The gross misdemeanor category is significant because it acts as a stepped-up charge for repeat offenders in many areas of Minnesota law. A first DWI offense is typically a misdemeanor; a second offense within 10 years is often a gross misdemeanor. A first-offense theft under $500 is a misdemeanor; between $500 and $1,000 it becomes a gross misdemeanor. Domestic assault follows a similar escalation pattern.

For purposes of MN CRIME's scoring system, gross misdemeanors are tracked alongside felonies because they represent meaningful criminal activity. The newsworthiness score at mncrime.com/learn/newsworthiness-score weights felonies more heavily but does factor gross misdemeanors in when they involve violence, repeat behavior, or public officials. You can filter cases by charge severity in the main dashboard at mncrime.com/dashboard.