There are two situations when the typical presumptive sentence (based on severity level and criminal history) may be overridden:
- Mandatory minimums: These are sentences established in statute by the Legislature. These can affect the disposition and/or the duration.
- Presumptive sentences for certain subsequent offenses: These are sentences found in the Guidelines or in statute. They will affect the disposition but not the duration.
When a mandatory minimum exceeds the grid duration, the mandatory minimum sentence will be the presumptive duration. The disposition is always commitment. For presumptive sentences per the Guidelines, the duration is found in the appropriate cell of the applicable grid but the disposition is commitment.
Mandatory life imprisonment sentences for first-degree murder and for sex offenses subject to Minn. Stat. § 609.3455 subd. 2 are not governed by the Guidelines.
Mandatory and Presumptive Sentences Reference Table Dangerous Weapon Offense Reference Table