Legal Question in Criminal Law in Minnesota
Felony reclassification
What are the necessary steps (if it can be done) to have a felony reclassified to a misdemeanor? The crime was commited five years ago and all restitution and probation have been completed. The charge wasa theft by swindle less than $10,000.00
2 Answers from Attorneys
Re: Felony reclassification
If you are talking about a Minnesota (not federal) conviction, be aware that Minnesota Statutes Section 609.13 provides that the level of conviction is determined by the sentence imposed, not the potential sentence for the criminal charge. In other words, it is possible (and not unusual) for a defendant to plead guilty to a "felony charge" but get a sentence imposed of one year or less, which would make it a non-felony conviction. You might want to get a copy of your court computer-file record and show it to a criminal defense lawyer for an explanation of what is there, and what it means.
If it turns out your sentence included the imposition of one-year-and-one-day or more, and therefore was a felony conviction, then you could try such things as (1) a motion for resentencing; (2) a motion to withdraw guilty plea.
Find out your current situation first. You may already have what you want, but not know it yet.
Re: Felony reclassification
If the court 'stayed imposition' of the sentence, ' it is pretty much automatic.
If you don't know, your probation officer or lawyer would know.
Related Questions & Answers
-
Husband has sex with 16 year old If a married 20 year old man has sexual... Asked 6/14/05, 8:10 am in United States Minnesota Criminal Law