Minnesota was one of the first states to adopt a structured sentencing system. Since 1980, the Minnesota Sentencing Guidelines Commission (MSGC) has published guidelines that determine the presumptive sentence for felony convictions. The guidelines are updated annually, and the current version—effective August 1, 2025—governs sentences for felonies committed on or after that date.
This article explains how the sentencing guidelines work, how to read the sentencing grid, and what departures from the guidelines mean in practice.
Note: Aaron Hall is a business law attorney. This article is published as a public service resource and is not a substitute for advice from a criminal defense attorney. If you or a family member face felony charges, consult with an experienced Minnesota criminal defense lawyer.
The Minnesota Sentencing Guidelines Commission
The MSGC is the state body responsible for developing and maintaining the sentencing guidelines. You can access the current guidelines, grids, and commentary on the MSGC's website:
The current guidelines and downloadable grids are available at:
mn.gov/sentencing-guidelines/about-guidelines/currentguidelines
The old MSGC domain (msgc.state.mn.us) no longer works. Use the mn.gov links above for current materials.
How the Sentencing Grid Works
The heart of the guidelines is the sentencing grid—a table that produces a presumptive sentence based on two factors:
- Severity Level (vertical axis) — How serious is the offense?
- Criminal History Score (horizontal axis) — What is the offender's prior record?
The presumptive sentence is found in the cell where the severity level row and the criminal history score column intersect.
Minnesota actually uses three separate grids:
- Standard Grid — Most felony offenses
- Sex Offender Grid — Sex offenses
- Drug Offender Grid — Controlled substance offenses
The structure is the same for each. This article focuses on the Standard Grid, but the same principles apply to all three.
Severity Levels
The vertical axis ranks offenses by seriousness on a scale from Severity Level 1 (least serious) to Severity Level 11 (most serious).
Examples of severity levels on the Standard Grid:
| Severity Level | Example Offenses |
|---|---|
| 11 | Murder in the first degree |
| 10 | Murder in the second degree |
| 9 | Assault in the first degree, certain criminal sexual conduct |
| 8 | Burglary in the first degree (occupied dwelling), certain kidnapping |
| 7 | Aggravated robbery |
| 6 | Burglary of an occupied dwelling (without weapon) |
| 5 | Certain theft offenses, residential burglary |
| 4 | Nonresidential burglary, felony receiving stolen property |
| 3 | Certain theft, felony damage to property |
| 2 | Felony DWI, certain assault offenses |
| 1 | Lower-level felony offenses, certain assault |
The MSGC assigns each felony statute a severity level. The full offense-to-level assignments are published in the guidelines commentary.
Criminal History Score
The horizontal axis measures the offender's prior criminal record. The criminal history score is calculated by adding points based on:
- Prior felony convictions — Each prior felony is assigned a weight (ranging from 0.5 to 2 points) depending on the severity level of the prior offense
- Custody status — One point is added if the offender committed the current offense while under a criminal justice custody status (on probation, parole, supervised release, or in confinement)
- Prior misdemeanor and gross misdemeanor record — Prior misdemeanor convictions contribute a fraction of a point, with a maximum contribution in this category
Criminal history scores on the Standard Grid typically range from 0 to 6 or more, though the grid columns extend further for higher scores.
Reading the Grid: Presumptive Sentences
Each cell in the grid contains two pieces of information:
Presumptive Duration
The number in the cell represents the presumptive sentence in months. For example, if the cell reads "48," the presumptive sentence is 48 months (4 years).
Presumptive Range
Each cell also includes a range—typically 15% below and 20% above the presumptive duration. A judge may sentence anywhere within this range without it being considered a departure. For a presumptive duration of 48 months, the range would be approximately 41 to 58 months.
The Dispositional Line
One of the most important features of the grid is the dispositional line (sometimes called the "disposition line" or the shaded/unshaded boundary).
Below the Line: Presumptive Stayed Sentence
Cells in the shaded (gray) area of the grid carry a presumptive stayed sentence. This means the court is expected to:
- Place the offender on probation
- Potentially impose up to one year in a local jail or workhouse as a condition of probation
- Not send the offender to state prison
Most lower-severity offenses committed by offenders with little or no criminal history fall in the stayed zone.
Above the Line: Presumptive Prison Sentence
Cells in the unshaded area carry a presumptive executed (prison) sentence. The offender is expected to serve time in a state correctional facility for the duration specified in the cell.
Generally, as the severity level increases or the criminal history score increases, the presumptive sentence moves from stayed to executed and the duration increases.
The Practical Effect
The dispositional line creates a clear dividing point. For a first-time offender convicted of a lower-severity felony, the guidelines presume probation. For someone with a significant criminal history or convicted of a high-severity offense, the guidelines presume prison time.
Departures from the Guidelines
The presumptive sentence is just that—presumptive. Judges may depart from the guidelines in certain circumstances, imposing either a harsher or more lenient sentence than the grid prescribes.
Aggravated (Upward) Departures
A judge may impose a sentence above the presumptive range if aggravating factors are present. Common aggravating factors include:
- The victim was particularly vulnerable
- The offender held a position of trust
- The offense involved particular cruelty
- The offense was committed as part of a group or gang activity
Under Blakely v. Washington, 542 U.S. 296 (2004), and its application in Minnesota (Minn. Stat. § 244.10), facts supporting an upward durational departure must generally be found by a jury beyond a reasonable doubt—not by the judge alone. The prosecution must provide reasonable notice of its intent to seek an aggravated departure.
However, upward dispositional departures (sending someone to prison when the guidelines presume a stayed sentence) may be based on judicial findings, because dispositional decisions involve broader assessments of offender characteristics rather than fixed factual findings.
Mitigating (Downward) Departures
A judge may impose a sentence below the presumptive range if mitigating factors are present. Mitigating departures are decided by the judge at sentencing, not by a jury. Common mitigating factors include:
- The offender played a minor role in the offense
- The offender's conduct was the result of circumstances unlikely to recur
- The offender lacked the capacity to appreciate the wrongfulness of the conduct
Written Findings Required
Whenever a court departs from the guidelines—in either direction—it must make written findings of fact explaining the reasons for the departure (Minn. Stat. § 244.10, subd. 2).
Mandatory Minimum Sentences
Some offenses carry mandatory minimum sentences set by the legislature, separate from the sentencing guidelines. When a mandatory minimum applies, the court must impose at least that sentence regardless of what the grid would otherwise indicate.
Mandatory minimums apply to certain offenses involving:
- Firearms used during the commission of a felony
- Repeat DWI offenders
- Certain sex offenses
- Drug offenses involving large quantities
When a mandatory minimum exceeds the presumptive guidelines sentence, the mandatory minimum controls.
Consecutive vs. Concurrent Sentences
When an offender is convicted of multiple felonies, the court must decide whether sentences run concurrently (at the same time) or consecutively (one after the other). The sentencing guidelines address permissive and presumptive consecutive sentencing for certain offense combinations.
Supervised Release and Good Time
A prison sentence under the guidelines does not mean the offender serves every day behind bars. Minnesota law provides for:
- Supervised release — Most offenders are released to community supervision after serving two-thirds of the pronounced sentence
- Good time and discipline — The Department of Corrections can adjust release dates based on institutional behavior
For example, a 48-month executed sentence typically means approximately 32 months in prison followed by 16 months on supervised release.
Where to Find the Current Grid
The MSGC publishes the current guidelines, grids, and commentary each year. As of this writing, the 2025 edition (effective August 1, 2025) is the most current.
Download the current guidelines and grids: mn.gov/sentencing-guidelines/about-guidelines/currentguidelines
Full guidelines and commentary (PDF): Available on the same page, including the Standard Grid, Sex Offender Grid, and Drug Offender Grid.
Court rules version: revisor.mn.gov/court_rules/rule/sg-toh
Key Statutes and Resources
| Citation | Subject |
|---|---|
| Minn. Stat. § 244.09 | Sentencing Guidelines Commission authority |
| Minn. Stat. § 244.10 | Sentencing departures; jury trial right (Blakely) |
| MSGC Guidelines & Commentary | Full sentencing grids and offense severity levels |
MSGC Website: mn.gov/sentencing-guidelines
Disclaimer
This article provides general information about Minnesota's felony sentencing guidelines. It is not legal advice and does not create an attorney-client relationship. Sentencing in any individual case depends on the specific facts, the applicable statutes, and the court's discretion. If you face felony charges, consult with a Minnesota criminal defense attorney. Aaron Hall's practice focuses on business law, and this article is provided as a public service resource only.
Aaron Hall is a business law attorney in Minneapolis. For business law questions, contact Aaron Hall, Attorney.