Legal Question in Criminal Law in Minnesota

combining offences

I was charged with two seperate counts of misdemeanor distruction of property. Both caused damage in the range of $325. Both were differant victoms differant damage. Instead of charging me with the two seperate misdemeanor counts the state combined the two charges to make it one felony count. I am just wondering how they can do that or if it is a game they play. It would be like a serial killer killing two people but just being charge with one count of murder. It just doesn't make any sense.


Asked on 12/17/04, 10:36 am

2 Answers from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: combining offenses - motion to sever, motion to dismiss felony

Your lawyer can help you make a "motion to sever" the charges, and a motion to dismiss the felony complaint. Generally, the value of loss over time can be aggregated for many property crimes - such as theft. You (or your lawyer) could take a look at the statute you are charged under, to see if it allows such aggregation. Your mention of two different victims does make them seem more like separate offenses, which then could not be aggregated in terms of loss amount. But, this kind of legal analysis requires a lawyer being able to thoroughly review that known and alleged facts as well as the applicable law, in order to formulate the best defense strategy. In short, consult a lawyer. If you wish to contact me, my contact information is here.

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Answered on 12/17/04, 4:45 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: combining offences

If the act of damage is out of the same incident or related incidents they dollar amounts may be combined.

In most cases, criminal records can be avoided in such cases with a Stay of Prosecution.

For more information call us at 952.746.2153 or visit http://www.criminal-law.tv

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Answered on 12/17/04, 10:57 am


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