Minnesota judges do not always have to abide by sentencing laws in gun cases

In 2008, a man attacked a woman in Florida and was convicted of a felony. According to KARE 11, he was arrested in Minnesota a few years later and charged with carrying a handgun. State law mandates that a felon cannot possess a gun. As any criminal defense attorney Minneapolis knows, the mandatory minimum sentence for such an offense is five years in prison. However, a judge only sentenced the man to a year in a workhouse and probation with no time in prison.
This is not the only instance in which a judge has strayed from sentencing guidelines. In fact, a recent report reveals that in the majority of gun crime cases in Minneapolis, the mandatory minimum sentences were not applied.

By the numbers

KARE 11 conducted a study that reviewed every felony gun crime across the state of Minnesota for the past three years. The station’s report shows that in 53 percent of the cases statewide, judges issued less than the current mandatory minimum sentences. Narrowed down to just Hennepin County, 56 percent of the sentences did not meet the minimum requirements. In Carlton County, judges gave less than the minimum sentence in every case over the last three years.

A criminal defense attorney in Minneapolis understands that it is possible for the prosecution to object to sentences. However, the KARE 11 investigation found that prosecuting attorneys only objected in 12 percent of the cases across the state in which a judge handed down a lessened sentence.

Why it happens

Minnesota statutes outline the minimum sentences of imprisonment for those convicted of crimes, including gun charges. However, there is a section in the current state law that permits judges to avoid the minimum sentencing if there are compelling and substantial reasons to do so. Some of those reasons could involve the following:

  • The defendant was not the aggressor.
  • The defendant accepted responsibility.
  • The defendant showed remorse.

There are some guidelines that are referred to as “mandatory sentences,” which do not permit a judge to issue a lesser punishment. These sentencing laws apply to people who are convicted for a second gun offense. Yet KARE 11 did find one instance in which a man who was convicted twice of a gun crime did not receive the minimum sentence.

By and large, judges do have the power to issue punishment at their discretion with or without regard to sentencing guidelines. Anyone with questions regarding this topic should consult with a criminal defense attorney in Minneapolis.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

You might need to know the long-term impacts of a 3rd degree DWI if you have been arrested or charged with driving while impaired (DWI) in Minneapolis, MN. A 3rd-degree DWI conviction can affect you personally, professionally, socially, and financially. A DWI conviction carries consequences, such as paying huge fines, loss of income, paying higher insurance premiums, strained relationships, and reputation damage. Your driver’s and professional license may be suspended or revoked after you are charged or convicted of a DWI. You may also face a civil lawsuit, which costs you money in the form of financial compensation to the accident victim.
One of the questions that people facing sex crime charges in Minnesota ask is: Will I have to register as a sex offender if convicted? You will most likely be required to register as a sex offender if convicted of a sex crime. Factors that determine sex offender registration include the nature and severity of the offense, aggravating factors, civil commitment, and risk level. You must register as a sex offender if you are relocating to Minnesota for school, work, or to live and have been convicted of sex crimes elsewhere.
People facing drug crime charges who were victims of unlawful search or seizure may wonder, “What role does search and seizure law play in drug cases?” Under the Fourth Amendment, search and seizure law protects you from unreasonable searches and seizures by law enforcement officers. The Minnesota constitution provides similar protections.