First Degree Felony in Minnesota

Minnesota does not use the degree-tiered system for general classification of felony crimes. Minn. Stat. § 609.02 Subdivision 02 generally defines felonies as more severe types of crimes punishable by more than one year in prison. However, Minnesota defines degree classes within specific crimes. For instance, various sections of the Minnesota Statutes classify the following crimes using the degree system to emphasize the seriousness of the offenses:

• Murder in the First Degree (Minn. Stat. § 609.185)
• Assault in the First Degree (Minn. Stat. § 609.221)
• Arson in the First Degree (Minn. Stat. § 609.561)
• Burglary in the First Degree (Minn. Stat. § 609.582, subdivision 1)
• Criminal Sexual Conduct in the First Degree (Minn. Stat. § 609.342).

First-degree felony offenses in Minnesota are the most serious violent crimes; their penalties are harsher than those of other felonies. The penalties for some of these offenses may extend to life imprisonment.

Public Access to First Degree Felony Records in Minnesota

In Minnesota, felony records are public documents. Similar to other criminal case documents, they are accessible to anyone who needs to access them under the Minnesota Rules of Public Access to Records of the Judicial Branch and the Minnesota Government Data Practices Act (MGDPA). However, a Minnesota first-degree felony record is non-public if it is sealed, relates to juveniles under 16 years, or is an ongoing investigative record.

Minnesota first-degree felony records are accessible online through the Minnesota Court Records Online (MCRO) System (viewing is free, but it costs $8.00 to download a document), or through the Court Administrator’s Offices at the District Courts responsible for the trials. Additionally, the Minnesota Bureau of Criminal Apprehension (BCA) maintains a statewide criminal records database that may contain information about convicts of first-degree felonies. For a fee of $15.00, interested individuals may request background checks on adult offenders through the Minnesota BCA Criminal History Search. Minnesota first-degree felony records may also be available at a cost through third-party online repositories that have databases on Minnesota criminal court proceedings.

Common Crimes Classified as First Degree Felonies in Minnesota

Unlike states that use numbers and letters to categorize offenses, Minnesota uses the degree system to classify specific crimes. For instance, crimes such as murder, arson, assault, and criminal sexual assault have first, second, and third-degree designations.

In Minnesota, a first-degree designation for any crime is the most severe form of a specific offense. This includes:

• Murder in the first-degree
• Rape in the first-degree
• Robbery in the first-degree
• Burglary in the first-degree
• Arson in the first-degree
• Aggravated assault in the first-degree.

According to a 2023 crime report from the Minnesota Department of Public Safety's Bureau of Criminal Apprehension (BCA), violent crime in the state decreased by 6.9% compared to the previous year. This trend of decreasing crime rates is evident across various

criminal offenses, as the data table shows.

Prison Sentences and Fines for First Degree Felonies in Minnesota

Minnesota does not have a single sentencing range for felony offenses; each statute sets penalties for the specific offense under its mention. The prison sentences for a felony in Minnesota depend on the severity of the crime, the use of deadly weapons, and the offender’s criminal history. For instance, the sentence for a first-degree murder in Minnesota is life imprisonment, while assault in the first-degree and criminal sexual conduct in the first-degree attract 20 and 30 years imprisonment in state penitentiaries.

In addition to prison terms, first-degree felonies in Minnesota attract significant fines. Similar to the sentencing structure, the penalties for felonies in Minnesota are determined by the statute or crime. For example, while the penalties for first-degree assault and criminal sexual assault in the first-degree cap at $30,000.00 and $40,000.00, the fine for aggravated controlled substance crime in the first-degree may range up to $1,000,000.00.

What is the Maximum Sentence for a First Degree Felony in Minnesota?

The maximum sentence for first-degree felonies in Minnesota is a life sentence. This applies to murder and repeat offenses for certain sex crimes, or heinous crimes against children.

In Minnesota, a sentence for a first-degree felony (or any felony) may exceed the presumptive guideline term if aggravating factors are present. Still, it cannot exceed the statutory maximum set by law. Felony offenses in Minnesota have presumptive sentences that depend on the severity of the offenses and the offender’s criminal history. A judge may impose a longer sentence than the statutory limit for the specific crime. Factors that may elevate a sentence for a crime in Minnesota include:

• Use of weapons
• Repeat or career offender status
• Hate/bias-motivated crime
• The victim's circumstance.

What is First Degree Murder in Minnesota?

Minn. Stat. § 609.185 defined murder in the first-degree as follows:

• The killing of an individual with premeditation and intent to cause death
• Causing the death of a person while committing or attempting to commit a serious felony
• Killing or intentionally causing the death of a public official, such as a peace officer, correctional officer, or judge, while they are on their official duty
• Causing the death of a person with extreme indifference while engaging in domestic abuse against the victim or a family member
• Causing death while engaging in terrorism.

In Minnesota, first-degree murder is the most extreme form of murder and has the harshest penalty under the state's statute. The penalty for first-degree murder in Minnesota is a mandatory life sentence, without the possibility of parole if:

• It involves extreme cruelty
• There are multiple victims
• The victim is a peace officer, judge, prosecutor, or correctional officer
• The murder results from sex crimes against a minor
• The offender is a repeat murderer.

The highest classification for murder in Minnesota is murder in the first-degree. Minnesota does not have capital murder, and does not apply the death penalty; the maximum sentence for murder in the state is life imprisonment without the possibility of parole.

may First Degree Felony Records Be Sealed or Expunged in Minnesota?

Under Minnesota law, expungement refers to sealing criminal records, not total destruction. Sealing Minnesota first-degree felony records removes them from publicly accessible databases. Notwithstanding their expunction, law enforcement, prosecution, or public safety may access these documents for official purposes.

Although the Minnesota Clean Slate Act of 2023 has expanded and automated the expungement process for certain qualifying offenses, it has also streamlined the eligible crimes, and violent crimes are not automatically eligible. In Minnesota, expunction of a first-degree felony record depends on the outcome of the arrest.

While Minn. Stat. § 609A allows the expunging of criminal records under certain circumstances, first-degree felonies records (the most serious offenses) are not eligible for sealing unless the charges do not result in convictions. Nevertheless, under certain circumstances and in rare cases, the court may use its inherent authority to expunge records that are not on the statutory list.

Difference Between First Degree and Second Degree Felonies in Minnesota

Minnesota Statutes does not generally label felonies using degree subdivision format, as in states like Texas and Mississippi. However, each statute uses the degree designations to separate crimes based on severity and outcomes. For instance, there are first, second, and third-degree murder.

In Minnesota, a first-degree designation on any crime describes the most serious level of that specific offense and carries the harshest statutory penalty. For example, the penalties for first-degree felonies in Minnesota range from 40 years to life imprisonment without parole and fines of $30,000.00 to $1,000,000.00.

By comparison, Minnesota considers second-degree felonies as less severe. They do not typically involve premeditation, use of deadly weapons, or extreme harm. Consequently, the penalties for second-degree felonies are less harsh than those for first-degree versions of the same crime. Second-degree felonies carry shorter maximum sentences than first-degree versions of the same crime. For second-degree felonies in Minnesota, the penalties range from 10 to 40 years in prison, and fines ranging between $20,000.00 and $40,000.00.

Statute of Limitations for First Degree Felony Charges in Minnesota

The statute of limitations for a first-degree felony in Minnesota refers to the amount of time the state has designated for filing charges against suspects of a specific first-degree felony within the state. Within this timeframe, prosecutors must bring the case before the court, or forfeit the opportunity to do so. The reasons for the statute of limitations are to:

• Ensure the fairness of trial processes.
• Protect the defendant from unfair prosecutions after evidence is no longer available, memories fade, or witnesses disappear.
• Encourage law enforcement to speed up investigations and file charges promptly.

Minnesota Statutes Section 628.26 outlines the following limitation periods for first-degree felonies:

• Murder in the first and second degrees - No statute of limitations, prosecutors may file charges any time
• Criminal Sexual Conduct (CSC) in the First Degree:
  • Victims under 18 years at the time of the crime - No statute of limitations
  • Adult victims - 9 years after the offense, or 3 years after discovery of DNA evidence (whichever is later)
• Fraud, theft, and forgery - up to 6 years
• Other first-degree felonies - 3 years from the date of the crime.

Probation and Parole Eligibility for First Degree Felonies in Minnesota

Probation is a stay on prison sentences for individuals who commit criminal offenses. In Minnesota, serious crime suspects with mandatory life sentences are not eligible for probation. This means that first-degree murderers and repeat predatory sex offenders do not qualify for probation. Nonetheless, if the sentencing guidelines and the judges allow it, convicts of first-degree burglary, arson, assault, or controlled substance offenses may sometimes be eligible for probation.

Parole refers to prisoners' conditional release before their prison terms end. Minnesota replaced its parole system with indeterminate sentencing in 1982.

Under the Minnesota Indeterminate Sentencing System, eligible convicts must serve â…” (or 66.7%) of their sentences in prison to become eligible for supervised early release. For example, a person on a 30-year sentence must complete 20 years in prison. Similarly, convicts with life sentences that include the possibility of parole must serve a minimum of 30 years in jail before they are eligible for early release. The system does not offer parole for individuals sentenced to life imprisonment without parole.

Impact of a First Degree Felony Conviction on Criminal Records in Minnesota

First-degree felony records are durable and may have far-reaching consequences even after the offenders complete the sentences for their crimes. A Minnesota first-degree felony record is publicly accessible unless it is sealed by the court. However, Minnesota does not permit the sealing of first-degree criminal records unless those cases resulted in acquittals and dismissals. Hence, these documents are publicly accessible to all interested individuals.

In Minnesota, individuals with first-degree felony records cannot hold public offices, be on a jury, vote, or bear firearms. Additionally, a Minnesota first-degree felony record will negatively impact:

• Employment opportunities
• Housing options
• Immigration status or visa applications.

A Minnesota first-degree felony record may result in social stigma and impact credit, reputation, travel opportunities, and child custody disputes.