State guide Minnesota

A clearer Minnesota Criminal Defense page: sentencing-exposure framing, case posture, and before deadlines close options

Clearer statewide criminal defense guidance for Minnesota, with a tighter focus on sentencing-exposure framing, release decisions, decision sequencing, and sequence.

Reviewed January 2026 2 min read Official-source grounded Ver en Espanol En Español
Key Takeaways
  • No death penalty since 1911; George Floyd murder → Derek Chauvin conviction (2nd degree murder + manslaughter, Hennepin County 2021); 22.5yr sentence with upward guidelines departure; 2023 police reform: duty to intervene + choke hold ban + body cameras
  • DUTY TO RETREAT outside home (§ 609.065): must retreat when safely possible before using deadly force; Castle Doctrine exception for own home (Glowacki, 630 N.W.2d 392, Minn. 2001); contrast WI/CO (no duty to retreat by statute/case law)
  • Minnesota Sentencing Guidelines Grid: severity level (1-11) × criminal history score = presumptive sentence range (months); judges must sentence within range or provide written departure findings; plea negotiation centers on which guidelines cell applies
  • Cannabis legalized Aug 1, 2023 (HF 100): 2oz public/2lb private possession; 8 plants (4 mature); public consumption = infraction; prior cannabis convictions eligible for automatic expungement; first Midwest state to legalize (WI/IA/ND/SD remain illegal)
  • Expungement (§ 609A.01, expanded 2023): petty misdemeanor 2yr; misdemeanor 3yr; gross misdemeanor 4yr; felony 5yr; BCA state database sealed (not just court records); automatic process for certain low-level offenses; cannabis conviction vacatur pathway
Key Numbers — Minnesota All 50 states →
Filing Deadline 2 years
Fault Rule Modified Comparative
Insurance System No-Fault
Key Statute Minn. Stat. § 541.07
Criminal Defense guide for Minnesota
Photo by Phil Evenden on Pexels

On May 25, 2020, Minneapolis police officer Derek Chauvin knelt on the neck of George Floyd for over nine minutes at the intersection of 38th Street and Chicago Avenue in south Minneapolis, and Floyd died. The location — Cup Foods at East 38th and Chicago — became a globally recognized memorial site and a center of civil rights activism renamed George Floyd Square. The legal proceedings that followed Chauvin's arrest were extraordinary: on April 20, 2021, a Hennepin County jury convicted Derek Chauvin of second-degree unintentional murder (Minn. Stat. § 609.19(1)(1)), third-degree murder (§ 609.195(a)), and second-degree manslaughter (§ 609.205) — the first time a White Minneapolis police officer had been convicted for killing a Black man in the city's history. Chauvin was sentenced to 22.5 years in prison — a substantial upward departure from the Minnesota Sentencing Guidelines' presumptive sentence for second-degree murder given Chauvin's clean criminal history. The Minnesota Supreme Court later vacated Chauvin's third-degree murder conviction in a separate legal proceeding, leaving the second-degree murder conviction as the most serious count. The Floyd killing and Chauvin trial generated legislative police reform in Minnesota, including a statewide choke hold ban, duty-to-intervene requirements, and civilian oversight provisions enacted in 2023.

Minnesota's criminal justice system operates on a structure fundamentally different from the flat-sentencing or determinate-range approaches in other states: the Minnesota Sentencing Guidelines Grid (administered by the Minnesota Sentencing Guidelines Commission). The Grid plots offense severity level (Severity Level 1-11 for felonies) on one axis and criminal history score on the other. The cell where the two axes intersect provides the presumptive sentence range — a specific number in months (e.g., 48-66 months for a particular offense-history combination) that the sentencing judge is expected to impose. Departures from the guidelines — upward (more severe than the guidelines) or downward (more lenient) — are permitted but require written findings specifying the reasons. This creates a presumptive sentencing framework where similar defendants with similar histories receive similar sentences, reducing unstructured judicial discretion while preserving departure authority for unusual cases.

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