With any criminal charge, there is always a level of uncertainty. For many, there is a level of anxiety surrounding the possible implications of a conviction.
Many times, understanding how sentencing works can be overwhelming. Fortunately, Minnesota follows a structured system. This can make sentencing fair and consistent across cases.
How will Minnesota’s sentencing guidelines for criminal offenses affect you? Here is what you need to know about how it can impact your situation.
What Are Sentencing Guidelines?
The Minnesota Sentencing Guidelines (MSG) help to keep sentencing fair across the state’s criminal justice system. Before 1980, criminal sentences varied from judge to judge.
However, the Minnesota Sentencing Guidelines Commission looked to level the playing field. These work to:
- Keep sentences fair and consistent: Now, judges have a formula to determine sentences rather than relying on personal discretion.
- Make sentencing predictable: In these cases, victims and attorneys can have an idea of what to expect with a conviction.
- Find a balance with punishment and rehabilitation: The system will account for the crime’s severity and the defendant’s criminal history.
While judges follow these guidelines, they can make exceptions. However, there needs to be a solid reason to do so.
The state uses these guidelines for felonies committed in the state. On the other hand, judges have more discretion when sentencing misdemeanors.
How Do These Sentencing Guidelines Work?
These sentences are determined using a grid. With that, judges can decide the appropriate punishment based on two main factors:
- The severity of the crime: Crimes are ranked from the least serious (level 1) to the most serious (level 11).
- The defendant’s criminal history: Repeat offenders are punished more harshly than first-time convicted criminals.
Keep in mind that the sentencing grid is considered a presumptive sentence. However, it is not set in stone. Sometimes, judges can “depart” from this recommendation under special circumstances.
How does that work in real life? If someone is convicted of felony drug possession, the sentencing grid might suggest a stayed sentence. However, if they have multiple prior felony convictions, they could be looking at several years in prison.
What Are Possible Sentences?
A person convicted of a felony in Minnesota could receive:
- A stayed sentence: With that, the court imposes a sentence that allows the person to remain in the community. Instead of incarceration, they might have to remain on probation.
- A prison sentence: In these scenarios, the person is sent to a correctional facility for a determined period.
- A departure from the guidelines: The judge imposes a sentence that is either harsher (upward departure) or more lenient (downward departure) than the guidelines suggest.
When Do Judges Depart from These Sentences?
Sometimes, the judge can impose a lighter or harsher sentence, but they have reason to do so. For a harsher sentence, the judge can provide an upward departure if the person showed a lack of remorse or was extremely violent in the act.
On the other hand, a lighter sentence may allow the judge to be lenient if the offender cooperated with police or had a minor role in the crime.
Is There a Chance for a Reduced or Appealed Sentence?
If a defendant or their lawyer believes the sentence is unfair, there are options. They have the right to appeal. Under this situation, Minnesota appellate courts will review the case and decide whether the sentence should be adjusted.
In some cases, people may also be eligible for early release through good behavior, supervised release, or alternative sentencing programs like drug court or rehabilitation programs.
Get More Information About How Sentencing Guidelines Affect You
Minnesota’s sentencing guidelines for criminal offenses create a fair and predictable legal system. If you or someone you care about is facing criminal charges, you will want to talk to an experienced criminal defense attorney. They may be able to find other avenues to work towards a dismissal or lighter sentence in your case.
At 29th and Law PC, we can assist with your criminal case. Our experienced criminal defense attorneys can guide you through the process. Please contact us or call (218) 770-9764.