Southwest Minnesota Felony Defense Attorney
A Felony Charge Does Not Tell You What the Outcome Will Be.
What makes this charge a felony? Am I looking at prison or probation? How do Minnesota’s Sentencing Guidelines apply? What happens before trial? Can the felony-level charge itself be challenged?
Being charged with a felony tells you the legal classification of the case. It does not tell you what sentence will apply, whether the evidence supports the felony-level allegation, or how the case should be resolved.
The Charge and The Sentence Are Two Different Things.
It is easy to hear the word felony and immediately focus on the worst possible outcome. But the felony label alone does not tell you whether the state can prove the charge, whether the evidence supports the fact that makes the offense a felony, or what sentence would actually apply.
When I review a felony case, I want to know what makes the charge a felony, what evidence supports that part of the case, and what legal issues may affect the evidence the state can use. I also look separately at what the charge actually means under Minnesota's sentencing framework, because being charged with a felony does not by itself tell you whether the realistic outcome is probation, prison, a reduced charge, or something else.
What is considered a Felony in Minnesota?
Understanding Minnesota Felony Charges
Minnesota law defines a felony as a crime for which a sentence of imprisonment for one year or more may be imposed. That definition describes the legal classification of the offense. It does not mean that every person charged with or convicted of a felony will receive a prison sentence.
Sentencing is a separate question from charging. Under the Minnesota Sentencing Guidelines, the presumptive sentence in a felony case generally depends on the offense of conviction, its severity level, the person’s criminal history score, and the applicable sentencing grid. Drug and sex offenses use separate grids, and mandatory sentencing laws or lawful departures can also affect the sentence. The charge listed in the complaint is therefore not, by itself, the answer to what sentence will ultimately apply.
The Evidence & The Law: What Needs a Closer Look in a Felony Case
What Needs Attention Early?
Are there release conditions, no-contact orders, firearm restrictions, or other requirements that are already affecting work, family, or daily life?
Are police still asking for a statement, access to a phone, consent to search, or other information?
Is there evidence that should be preserved now—messages, video, location data, photographs, or witnesses—before it is lost or becomes harder to obtain?
What Can the State Actually Prove With the Evidence?
Was the evidence lawfully obtained, and are there constitutional issues involving a search, seizure, warrant, or statement?
Do recordings, witnesses, digital evidence, and physical evidence support the way the case is described in the complaint?
If DNA or another forensic result is involved, what does the DNA result actually mean in court, and are conclusions being drawn that go beyond what the science can show?
What Could Change the Sentencing Outcome?
What sentence do the Minnesota Sentencing Guidelines recommend based on the offense and criminal history?
Is the state relying on an aggravating circumstance that needs to be challenged?
Are there mitigating circumstances that should be developed and presented because they change how the offense, the person's role, or the appropriate sentence should be viewed?
How a Felony Defense Works
What Working Together Looks Like
The Initial Intake Conversation
When you reach out, you will speak directly with me. When possible, I review the publicly available information about your case before we talk so the conversation can focus on what matters most to you. That may be whether you are in custody, what the charge means, what bail or release conditions are already in place, whether police want to interview you, what evidence you know exists, how the case is affecting work or family, or what happens next in court.
Clear, Predictable Flat Fees
Uncertainty is hard enough without wondering what every phone call or email will cost. I work on a transparent flat-fee basis for the defense phase. You will know my legal fee upfront. The defense phase covers my time reviewing evidence, investigating the case, communicating with you, negotiating, preparing motions, conducting legal research, appearing at motion hearings, traveling when necessary, and taking the time to understand your concerns and answer your questions. If the case proceeds to trial, there is a separate, transparent trial fee. No surprise hourly bills.
Building the Case From the Evidence
Once retained, I obtain and review the evidence that matters to your case. Depending on the allegations, that may include the complaint, police reports, 911 and dispatch recordings, body-camera and squad video, recorded interviews, search warrants and affidavits, phone extractions, text messages, social-media records, location data, photographs, medical or financial records, physical evidence, laboratory reports, and other discovery tied to the charge.
I want to know where each important conclusion comes from: what a witness actually observed, what the full recording shows, what the search warrant authorized, what the digital timeline supports, what the laboratory tested, and what assumptions sit between the raw evidence and the conclusion being offered. If DNA is part of the case, that can include reviewing the underlying laboratory data rather than relying only on the final report. Sometimes the important issue is constitutional. Sometimes it is factual. Sometimes it is scientific. The work is identifying the issues that actually matter: what evidence can be used, what the evidence supports, whether the charge fits it, and what those issues mean for the decisions you have to make.
Careful preparation tells me where the case needs to be challenged. When the state’s evidence, legal theory, or proposed outcome does not hold up, I am prepared to push back in negotiations, litigate the issue in court, and try the case when that is what the situation requires.
Further Information on Minnesota Felony Charges
Frequently Asked Questions
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Minnesota defines a felony as a crime for which a sentence of imprisonment for one year or more may be imposed. The exact statute and subdivision determine whether an offense is a felony and what maximum penalty applies. The felony label alone does not determine the sentence in an individual case.
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No. A felony charge does not automatically mean an executed prison sentence. The possible sentence depends on the offense of conviction, the applicable Minnesota Sentencing Guidelines, criminal history, any mandatory sentencing provisions, and the facts and procedural posture of the case. Some felony sentences are stayed and may involve probation, while other offenses or histories can call for an executed prison sentence.
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One of the first steps is the first court appearance. At that appearance, the court advises the defendant of the charges and rights, addresses the right to counsel, ensures the defendant has the charging document, and addresses bail or other conditions of release.
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Release conditions depend on the charge and the circumstances. Courts consider public safety and whether the person is likely to appear for future court dates. Depending on the case, conditions may include supervision, travel, association or residence restrictions, bond, no-contact provisions, chemical-use restrictions, firearm restrictions, or other conditions the court determines are necessary.
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You should speak with a defense attorney before deciding whether to participate in an interview. An interview is evidence. Even when you believe an explanation will resolve the issue, your words can later be compared with recordings, messages, physical evidence, timelines, or other statements. Whether to speak with investigators is a case-specific decision that should be made only after you understand what is being investigated and with an attorney by your side.
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The omnibus hearing can address issues such as probable cause, discovery, constitutional questions, suppression or admissibility of evidence, other pretrial motions, and whether the case can be resolved before trial. Which issues are actually litigated depends on the facts and motions in the particular case.
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Minnesota uses sentencing guidelines for most felony cases. The presumptive sentence generally depends on the offense of conviction, its severity level, the person’s criminal history score, and the applicable sentencing grid. Drug and sex offenses use separate grids. Mandatory sentencing laws and lawful departures can also change the outcome, so sentencing exposure needs to be evaluated from the actual statute, history, and facts.
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Yes, depending on the charge. DNA, fingerprints, blood, firearms evidence, drug testing, toxicology, digital forensics, or other laboratory evidence may become important to identity, possession, contact, source, or another disputed fact. The key question is what the testing actually establishes and whether the legal conclusion being drawn from the forensic result goes further than the underlying science supports.
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Sometimes. A charge may change because the evidence does not support the felony-level element or the charged degree, a constitutional issue affects admissible evidence, witness or digital evidence changes the factual picture, forensic evidence is interpreted differently in context, or the parties reach a negotiated resolution. Whether a charge changes depends on the evidence, the law, and the options that develop in the particular case.
Get in touch with a Southwest Minnesota Felony Defense Attorney
Charged With a Felony? Call Me and Tell Me What Happened.
If you have been charged or are under investigation, bring me the complaint or information you have and your questions. We can sort out what needs attention now, what needs to be challenged, and where the real fight in the case may be