Theft charges in Minnesota

Minneapolis Pre-Charge Criminal Defense Attorney

What should you do if you are charged with theft in Minnesota?

            There are three (3) levels of possible theft charges in the state courts of the State of Minnesota.

            The lowest level of a theft related charge is a misdemeanor.  The maximum penalty for a misdemeanor theft charge in the State of Minnesota is up to 90 days in jail and a $1000.00 fine.

            The next  level of a theft related charge is gross misdemeanor.  The maximum penalty for a gross misdemeanor theft charge in the State of Minnesota is up to 1 year in jail, and a $3000.00 fine.

            The next level of a theft related charge is a felony.  Where a theft crime can be punished by one (1) year and one (1) day or more, the charge is a felony. 

            The level is largely determined by the amount of money involved, or, the value of the property involved.  If the amount of money involved is small, or, the value of the property is relatively little, then the charge is likely to be a misdemeanor.  If the amount of money involved is large, or the value of property significant, then the charge will likely be a felony.

            The most common type of theft related case is shoplifting.  The first time someone is charged with shoplifting, a good lawyer is likely going to be able to keep this off your record, and have you complete some sort of theft prevention class.

            Please be aware that retail stores have cameras, and loss prevention specialists.  Generally, they are very good at what they do.  They have seen all sorts of theft schemes, and can often predict what people are going to do, before they do it.

            A more difficult type of case to deal with is where retail employees commit theft from their employer, such as Target, or the like.  Again, large retail companies have cameras and loss prevention specialists, and, keep track of inventory, so generally speaking, if a person is committing theft from their employer, they will get caught.  Theft from employers is frowned upon. 

            The next most common type of theft is financial transaction card fraud.  This, generally, is always a felony. 

            A more serious type of theft is burglary.  Burglary involves entering a building, without consent, with the intent to commit a crime therein.  A building can include a garage, a business, or a dwelling.  It is always more serious if a person burglarizes a dwelling.  Even more serious is if a person is present, who is not an accomplice.  Historically, the sentence for a burglary of a dwelling is an automatic prison sentence. https://www.revisor.mn.gov/statutes/cite/609.582 

            When a person is charged with theft or theft related crime, the case needs to be handled with care.  If a person has a theft conviction, they are going to have a long term collateral consequence of probable difficulty in obtaining employment.  Particular difficulty will be had in obtaining employment with companies like banks, or, anywhere you have to deal with money, such as a cashier, a convenience store, etc.

            For representation on a theft related charge, it is important to hire a good criminal defense lawyer as soon as possible.  Lynne Torgerson, Esq. is such a good criminal defense lawyer.  She knows what she is doing, and does it well.  For help with your case, call expert Minneapolis Criminal Defense Lawyer Lynne Torgerson today!  (612) 339-5073 

What levels of assault are there under Minnesota law?

Minneapolis Criminal Appeals Attorney

In the State of Minnesota, generally, there are five (5) levels of assault, and, domestic assault. An assault is defined as doing an act with intent to cause fear in another of immediate bodily harm or death, or intentionally inflicting bodily harm upon another. A domestic assault case is an assault case typically involving a romantic partner.

In Minnesota, the five (5) levels, from least severe, to most severe, include fifth degree misdemeanor assault. This usually involves a fist fight, where someone is slapped or bruising occurs. There is an important distinction in misdemeanor 5th degree assault. Sometimes, people just do an act with the intent to cause fear in another of immediate bodily harm. This typically involves lesser consequences. The other type of 5th degree assault is where the person actually inflicts some type of bodily harm. The remainder of the levels are all felonies. Fourth (4th) degree assault is a felony, and usually involves an assault against a law enforcement officer or a correctional officer. Third degree assault is a felony, and usually involves a broken bone. Second (2nd) degree assault is a felony, and usually involves the use of a dangerous weapon. A dangerous weapon usually involves a firearm, a knife, or a motor vehicle. First (1st) degree assault is the most severe, and usually involves the infliction of injuries which are life threatening.

Typically, the extent of injuries inflicted determined the severity level of the offense. These are also defined by statutes. “Bodily harm” means physical pain or injury, illness, or any impairment of physical condition. “Substantial bodily harm,” this is involved in felony 3rd degree assault, is defined as bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which cause a fracture of any bodily member. “Great bodily harm,” which is involved in 1st degree assault, means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or roan or other serious bodily harm.

For a misdemeanor, the maximum punishment is up to $1000.00 fine and 90 days in jail. The punishment for a felony is one year and one day in prison or longer.

If you or a loved one is charged with a crime, you need to hire a Top Criminal Defense Lawyer such as Lynne Torgerson as soon as possible. Your lawyer needs as much time as possible to work on the case. Top Criminal Defense Lawyer Lynne Torgerson has been practicing in excess of 30 years. Experience makes a difference. Contact Lynne Torgerson today at (612) 339-5073.

Minneapolis Criminal Appeals Attorney