Types of misdemeanors and how they affect your life

If you’ve been charged with a misdemeanor, you may be wondering how bad of a mess you’ve gotten yourself into. In this post, we’ll be covering the types of misdemeanors under Minnesota law, the penalties involved in each, and how they can affect your life should you be found guilty.

A misdemeanor is a criminal offense that’s less serious than a felony but more serious than a petty offense. In Minnesota, the maximum penalty for a misdemeanor is 90 days in jail, a $1,000 fine, or both.

Here’s why you should trust me: I’ve been a lawyer in Minnesota since 1987. I’ve defended thousands of cases and have helped thousands of clients get their lives back on track. I was named Attorney of the Year by Minnesota Lawyer three times — and I’ve been included on the list of the Best Lawyers in America every year since 2007.

Types of offenses in Minnesota

In some states, there are classes (Class A, B, or C) or levels (Level 1, 2, or 3) of misdemeanors that are used to distinguish the severity of the crime. In Minnesota, things are simple. There are just four types of offenses:

1. Petty misdemeanors
2. Misdemeanors
3. Gross misdemeanors
4. Felonies

The most serious type of misdemeanor is a gross misdemeanor, as the penalties are the highest. Examples of gross misdemeanors in Minnesota include second offense assault or DUI.

Petty misdemeanors are the least serious misdemeanors and are not considered a crime. You won’t serve time in jail, even if you are found guilty of a petty misdemeanor. Examples include traffic violations (such as speeding), unless those violations are committed in a dangerous manner or it is a third offense in the past year.

Will you go to jail for a first-time misdemeanor?

While jail time is less likely if this is the first time you’ve committed a crime, it’s not impossible. The penalties you will face vary depending on:

• The type of crime you committed
• Whether there are any aggravating circumstances

It might feel like you have no control over the outcomes of your case, but you have more options than you think. Hiring a defense lawyer gives you the best possible chance at reducing your penalties or avoiding a conviction altogether.

What do first, second, third, and fourth degrees mean in Minnesota?

While Minnesota doesn’t have classes or levels of misdemeanors, you might hear your charge described in terms of degrees, like “fifth-degree assault” or “fourth-degree DUI”.

In Minnesota, some crimes are described by degrees to indicate their severity. A lower-numbered degree (like first-degree) usually means a more serious offense with harsher penalties, while higher degrees (like fifth-degree) are less severe but still criminal offenses.

However, the meaning of each degree is specific to the type of crime, and the degrees don’t correspond across different offenses. 

For example, fifth-degree assault and fourth-degree DUI are both misdemeanors, even though the degrees are different. Additionally, the lowest degree of a crime isn’t always a misdemeanor — 4th degree burglary is the lowest degree of burglary, but it is a gross misdemeanor. 

What are the most common misdemeanors? 

Here are some examples of common misdemeanors:

• 5th-degree assault
• 4th-degree DUI
• Violating a restraining order
• Obstructing legal process
• Disorderly conduct
• 4th-degree property damage

Misdemeanors vs. felonies

Felonies are more serious crimes than misdemeanors, with more serious penalties. In Minnesota, maximum sentences for felonies are 1 year or more. The penalties for a felony vary depending on the specific crime and aggravating factors present.

Some examples of felonies include 3rd-degree assault or higher or 1st-degree DUI.

Misdemeanors can be elevated to felonies if this isn’t your first offense or if there are aggravating factors present. For example, a simple assault charge might become a felony if it involves a weapon or results in serious injury.

How will a misdemeanor affect your life?

A misdemeanor, while less serious than a felony, can still carry significant consequences beyond jail time or fines.

You might still be able to get a job or rent an apartment, but having a misdemeanor on your record will make the process more difficult. That’s because it’s up to an employer or landlord’s discretion whether to hire or rent to someone with a criminal history. 

And it’s not considered discrimination, either — people with past criminal convictions are not a protected class, so employers and landlords are not required to avoid discriminating against you solely on the basis of your criminal record.

Depending on the specific charge, a misdemeanor might also:

• Limit specific job opportunities, especially in fields like healthcare, education, or government
• Affect professional licenses (e.g., nursing, teaching, real estate, or law enforcement)
• Restrict gun ownership, especially for domestic violence or drug-related convictions
• Impact immigration status, potentially leading to denial of visas, green cards, or even deportation
• Affect college admissions or financial aid, particularly for drug-related offenses
• Affect your ability to maintain or gain child custody 

Because a misdemeanor remains on your record permanently, some of these consequences can last even after you’ve served your sentence.

This isn’t even an exhaustive list of the possible consequences of a criminal record. Depending on the specific crime committed, there may be additional collateral consequences. For example, if you are convicted of even a misdemeanor DUI, you will be unable to travel to Canada. 

Charges vs. convictions

If you’re charged but not yet convicted: If you’re found not guilty, not only do you avoid the penalties of jail time and fines, but you also avoid the consequences of having a criminal record. The right lawyer will help you challenge your charges, negotiate a dismissal, or push for diversion programs that keep your record clean.

If you’ve already been convicted: Expungement may still be an option. A lawyer can assess your eligibility, guide you through the process, and advocate for sealing your record — helping you move forward without your conviction showing up in background checks for jobs, housing, or licensing.

Don’t wait to get your future back on track. Schedule a free consultation with us to get started.