What is a Second Degree Felony in Minnesota?

The Minnesota Statutes, section 609.02, defines felony offenses as crimes punishable by imprisonment exceeding one year. Felony offenses rank from first-degree, the most severe type, to fifth-degree. A second-degree felony qualifies as a serious offense, such as assault in the second degree under section 609.222, where a person uses a dangerous weapon or inflicts substantial bodily harm. Second-degree felonies are typically considered less severe than first-degree felonies (premeditated murder under section 609.185 or first-degree assault with a deadly weapon causing great harm) yet far graver than misdemeanors.

The types of crime that may constitute a felony in the second degree span various sections of the Minnesota Statutes, including second-degree murder or criminal sexual conduct. These statutes impose accountability for life-threatening harm, even when it is not caused by the deliberate cruelty of the most serious crimes.

Which Crimes Are Considered Second Degree Felonies in Minnesota?

Minnesota law outlines several crimes that fall into the second-degree felony category. Each offense carries severe penalties and is codified under state statute.

• Assault (Minn. Stat. § 609.222)

Second-degree assault occurs when an individual attacks another with a dangerous weapon or inflicts significant bodily harm using that weapon. Examples include striking someone with a knife or swinging a metal bat during a fight.

• Burglary (Minn. Stat. § 609.582, subd. 2)

This offense applies when a person enters a building without consent intending to commit a crime inside. It specifically covers dwellings, banks, pharmacies, or entries involving burglary tools. For instance, breaking into a pharmacy at night using a crowbar.

• Controlled Substance Crimes (Minn. Stat. § 152.022)

These charges apply when a person sells or possesses certain quantities of narcotics. Offenses include selling three grams or more of cocaine within ninety days, or holding ten grams of heroin mixtures. The statute distinguishes between possession and distribution but treats both severely.

• Criminal Sexual Conduct (Minn. Stat. § 609.343)

This offense includes sexual contact carried out with force or coercion, or involving minors under sixteen when the age gap between parties exceeds thirty-six months. Use of weapons or accomplices heightens the seriousness of the crime.

• Manslaughter (Minn. Stat. § 609.205)

Second-degree manslaughter involves deaths caused by reckless or negligent behavior creating unreasonable risk. Examples include mishandling a firearm during hunting, failure to control dangerous animals, or neglect leading to child endangerment.

• Murder (Minn. Stat. § 609.19)

Defined as intentionally causing death without premeditation, or unintentionally killing while committing certain felonies.

What is Second Degree Murder and How is it Classified in Minnesota?

In Minnesota, second-degree murder (Minn. Stat. § 609.19) is defined in two primary ways. The first involves intentionally causing the death of another person without premeditation. The second occurs when someone unintentionally causes a death while committing or attempting to commit certain felonies, excluding the state’s most serious sexual offenses. Both cover serious killings but lack the intentional planning that marks first-degree murder.

The main difference between first and second degree rests on planning and added factors. First-degree murder (Minn. Stat. § 609.185) involves premeditation or factors such as lying in wait or killing during serious crimes. Second-degree murder removes this requirement of forethought. It applies when an act is intentional but impulsive, or when a death results from dangerous felony activity without the intent to kill.

Manslaughter (Minn. Stat. § 609.205) falls below both in severity. It addresses deaths caused by recklessness, negligence, or provocation, such as acting in the heat of passion or mishandling a firearm. Manslaughter, unlike second-degree murder, lacks intent to kill and the felony link that raises the offense to a higher level.

Minnesota Second Degree Felonies Penalties and Punishments

Penalties for second-degree felonies in Minnesota are not uniform because the state does not divide crimes into rigid felony classes. Sentencing is determined by statute, with each offense assigning its own maximum prison term and fine. The Minnesota Sentencing Guidelines (§ 1.A) establish presumptive penalties tied to offense severity and criminal history, ensuring uniformity while permitting courts to consider case-specific factors.

For instance, second-degree assault (Minn. Stat. § 609.222) can result in a prison term of up to seven years and/or a $14,000 fine. When substantial bodily harm is proven, the punishment rises to as much as ten years imprisonment and/or a $20,000 fine. In comparison, controlled substance crimes in the second degree (Minn. Stat. § 152.022) carry severe penalties of up to 25 years and fines reaching $500,000, with prior drug-related convictions raising the maximum to 40 years. Second-degree criminal sexual conduct (Minn. Stat. § 609.343) allows for imprisonment of up to 25 years, while second-degree manslaughter (Minn. Stat. § 609.205) carries a maximum of 10 years and/or a $20,000 fine. Second-degree murder carries up to 40 years.

Minnesota follows determinate sentencing, requiring offenders to serve two-thirds of the term in custody and the final third on supervised release. Penalties may rise when aggravating factors apply, such as firearm use, targeting vulnerable individuals, or repeat violent or drug-related behavior.

Are Second Degree Felony Records Public in Minnesota?

Yes. Conviction records related to Minnesota second-degree felonies are generally open to public view per Minnesota Court Rules. State courts provide access to District Court records through Minnesota Court Records Online. Many court filings, dockets, and public documents are displayed by default. Also, The Bureau of Criminal Apprehension maintains the statewide criminal history system, which allows public searches for arrests and convictions.

However, specific restrictions and exceptions happen:

• Redacted identifiers: Details such as Social Security numbers, full dates of birth, and other private data are withheld.
• Sealed records: Expungement or automatic sealing removes felony records from public view.
• Restricted data: Investigative files and internal agency materials stay closed under Minnesota law.
• Juvenile records: Felony matters with minors are generally sealed or restricted by juvenile courts.
• Sealing limits: Only certain felony records qualify, based on statutes and court findings. A petition may be required to prove sealing will not endanger public safety.

How to Access Second Degree Felony Court Records in Minnesota

Minnesota District Courts oversee second felony case files, with most records maintained at the county level and supported by statewide access systems. Locating second-degree felony court records usually begins by identifying the county where the case was filed and then following the prescribed access methods. Minnesota Court Records Online (MCRO) serves as a primary resource, providing public case details and selected documents.

Access options include:

• Visit the courthouse in the filing county. The District Court clerk permits inspection of case files and issues certified copies upon request.
• Use MCRO public access terminals inside courthouses to review live case information directly.
• Request older or archived records from the county court records custodians when the case file is unavailable online. In larger counties, records facilities handle centralized storage and retrieval.
• Review appellate filings through the Minnesota Appellate Courts’ case management system when a second-degree felony case progresses to higher courts.

Access is subject to statutory and judicial restrictions. Records sealed by order or classified as confidential remain closed to the public. Privacy laws also restrict sensitive information. Court clerks provide guidance regarding what may be released and applicable limits.

Can Second Degree Felony Charges be Reduced or Dismissed?

Yes. In Minnesota, second-degree felony charges may be reduced or dismissed, based on evidence, case details, and procedural factors. This, however, hangs heavily on the precise facts of each case, solidity of proof, and the quality of legal solicitation. Defense counsel may negotiate a plea agreement under Minn. R. Crim. P. 15.04 to secure a lesser offense or reduced sentence; any plea requires judicial acceptance.

Prosecutors may dismiss complaints or indictments under Minn. R. Crim. P. 30.01, and courts may dismiss actions when justice requires. Pretrial motions at the omnibus hearing under Minn. R. Crim. P. 11, such as suppression or probable cause challenges can produce dismissal if the court finds insufficient evidence or constitutional violations.

Is it Possible to Expunge or Seal a Second Degree Felony or Murder Record in Minnesota?

A conviction for Second Degree Murder under Minn. Stat. § 609.19 is generally not eligible for expungement. State law establishes strict limits, and serious violent felonies such as murder fall outside the scope of offenses that may be sealed. If the conviction also required registration as a predatory offender under Minn. Stat. § 243.166, expungement is absolutely prohibited.

Expungement may only be considered when the case did not result in a conviction. Eligibility and waiting periods are outlined under Minn. Stat. § 609A.02, Subd. 3:

No Waiting Period if:

• Charges were dismissed by the court or prosecutor
• Case ended in an acquittal following trial

One-Year Waiting Period if:

• A completion of diversion program is involved
• A completion of a stay of adjudication is involved

Even when eligibility exists, expungement is discretionary. Minn. Stat. § 609A.03 sets out the rule that courts must weigh a request to seal records against the public interest in keeping them open. When the case involves a serious crime, the review is close and demanding, which is why legal counsel plays a crucial role in evaluating whether expungement is even possible and in preparing the petition.

The process starts with a Petition for Expungement of Criminal Records, filed in the District Court that handled the original case. A filing fee is generally charged, though the law allows a waiver if the applicant shows indigency. After review, the court decides if the circumstances justify sealing the record.

How Long Do Second Degree Felony Records Stay Public in Minnesota?

Permanently. Minnesota's second-degree felony records are maintained by all appropriate government agencies and recorded in relevant state and federal systems. These records remain publicly accessible indefinitely unless expunged. Expungement removes public access, clearing the record from all government databases and official repositories.