How Long Can I Go to Prison for this Charge? Start with some Minnesota Sentencing Guidelines basics.
If you are facing criminal charges here in Minnesota, having an experienced criminal defense attorney by your side is critical. Its not just about dealing with bail arguments, evidentiary issues, doing investigative and forensic work, or even standing in front of a jury. Sometimes, its about understanding and preparing for potential exposure. In other words: “How long can I go to prison?” While the answer can sometimes be extraordinarily complicated based upon a bunch of different circumstances, the starting point is called the Minnesota Sentencing Guidelines. While there may be ways around these, this post will focus on The Guidelines themselves. Contact St. Paul based Jack Rice Defense for a free consultation.
Sometimes, its about understanding and preparing for potential exposure. In other words, “How long can I go to prison?”
The Minnesota State Legislature established the Minnesota Sentencing Guidelines back in the early 1980’s and now, more than 95% of felony level offenses are sentenced pursuant to those guidelines. Essentially, there is a presumptive sentence for almost all of Minnesota’s felony level offenses.
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The Commission created by the Legislature established the severity level for each felony criminal offense. This was done by ranking each charge on a scale of one to eleven in severity. Next, they created a way of calculating a criminal history score. Comparing these two factors, they determine the actual number of months a sentence should be.
Because of the guidelines, attacking certain charges matters. Amending charges matter. Attacking criminal history matters.
In order to facilitate a sentencing in Minnesota, the Commission created a grid system using these severity levels organized vertically in the left hand column and criminal history scores organized horizontally across the top. Where these two points meet on a grid provides a guideline of presumptive prison time.
In each box in the grid, there is a number and also a range. The idea is that if a Defendant pleads guilty or is found guilty of a specific crime and the criminal history score is then calculated, that singular number in the box applies. However, the range in either direction is also a possibility based upon the Court’s discretion.
There is also a step system within the Minnesota Sentencing Guidelines that generally lays out whether a sentence is a presumptive prison commit or a stayed sentence, which means the person could avoid prison although not necessarily a substantial amount of local jail time.
St. Paul based Jack Rice Defense can help navigate through and sometimes around the Sentencing Guidelines. Decades of experience can do that.
As this lengthy description of the Minnesota Sentencing Guidelines makes clear, the guidelines used in every criminal sentencing here in Minnesota State courtrooms is complicated and full of nuance. Criminal history points can vary depending on different kinds of convictions. Also, some convictions have lengthy prison sentencing even with no prior criminal convictions and sentences can run consecutive or have the potential for special circumstances which could drive the sentences upward even further. There is even something called Hernandizing which is even worse.
If you are facing Minnesota criminal charges, you need to know just how bad it can get. This is always a critical piece of any criminal defense. Having an experienced criminal defense attorney who has dealt with this countless times is important. Call St. Paul based Jack Rice Defense. Jack and his team can sit down with you to determine not just what charges you face but more importantly, what they actually mean.
Dispositional or durational departures could be in the cards.
You want a comprehensive defense, “Jack’s got your back.” Contact Jack for a free confidential consultation. He is a renowned criminal defense attorney, a former prosecutor and a Board Certified Criminal Law Specialist. 651-447-7650 or 612-227-1339.