§ 609.13 — Convictions of Felony or Gross Misdemeanor; When Deemed Misdemeanor or Gross Misdemeanor
Plain-Language Summary
Determines when a felony or gross misdemeanor conviction is treated as a lesser offense. A felony conviction is treated as a misdemeanor or gross misdemeanor if the sentence falls within misdemeanor or gross misdemeanor limits. A felony conviction is also treated as a misdemeanor if the prison sentence is stayed and the person completes probation.
609.13 CONVICTIONS OF FELONY OR GROSS MISDEMEANOR; WHEN DEEMED MISDEMEANOR OR GROSS MISDEMEANOR.
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Subdivision 1.Felony.
Notwithstanding a conviction is for a felony:
(1) the conviction is deemed to be for a misdemeanor or a gross misdemeanor if the sentence imposed is within the limits provided by law for a misdemeanor or gross misdemeanor as defined in section 609.02; or
(2) the conviction is deemed to be for a misdemeanor if the imposition of the prison sentence is stayed, the defendant is placed on probation, and the defendant is thereafter discharged without a prison sentence. §
Subd. 2.Gross misdemeanor.
Notwithstanding that a conviction is for a gross misdemeanor, the conviction is deemed to be for a misdemeanor if:
(1) the sentence imposed is within the limits provided by law for a misdemeanor as defined in section 609.02; or
(2) if the imposition of the sentence is stayed, the defendant is placed on probation, and the defendant is thereafter discharged without sentence. §
Subd. 3.Misdemeanors.
If a defendant is convicted of a misdemeanor and is sentenced, or if the imposition of sentence is stayed, and the defendant is thereafter discharged without sentence, the conviction is deemed to be for a misdemeanor for purposes of determining the penalty for a subsequent offense.
History:
1963 c 753 art 1 s 609.13; 1971 c 937 s 21; 1986 c 435 s 6; 1986 c 444; 1993 c 326 art 2 s 10
History: History: 1963 c 753 art 1 s 609.13; 1971 c 937 s 21; 1986 c 435 s 6; 1986 c 444; 1993 c 326 art 2 s 10