Finding the Presumptive Sentence

The presumptive sentence for a felony conviction is found in the appropriate cell on the applicable Grid located at the intersection of the criminal history score and the severity level. (See About the Guidelines for more detailed information.)

When determining the presumptive sentence it is important to always use the Guidelines in effect when the current offense was committed. If multiple offenses are an element of a single conviction offense or if the offenses are aggregated into a single count, the factfinder must determine the specific date of offense to use. Unless the factfinder determines a different offense, the earliest date should be used.

There are several offenses that have either mandatory minimums provided in statute or are presumptive commitments regardless of criminal history per the Sentencing Guidelines. See the Mandatory Sentences page to learn more about these specific offenses.

Components of a Minnesota Sentence

There are two components of a Minnesota Sentence: the duration and the disposition.

Duration: The duration refers to the length of time the offender is sentenced to serve in prison. The duration is found in the appropriate cell on the applicable Grid. For executed sentences, a range will also be provided. If the sentence is a stay of imposition, no duration will be pronounced at sentencing. If the probation is later revoked, a duration would be pronounced.

Disposition: The disposition refers to the Guidelines recommendation for a probation or prison sentence. For cells in the shaded area of the Grid, the Guidelines recommend probation, and for cells in the non-shaded area of the Grid, the Guidelines recommend commitment to prison.

When a sentence is executed, it is broken into two parts: a minimum term of imprisonment and a maximum period of supervised release. For offenders committed to the Commissioner of Corrections for crimes committed on or after August 1, 1993, the "term of imprisonment" is equal to two-thirds of the executed sentence.

Finding the Presumptive Sentence on the Grid
Sentencing Guidelines Grids

Sentencing Guidelines Grids (or "Grids") display presumptive sentences for felony offenses according to the severity level of the offense (vertical axis) and the offender's criminal history score (horizontal axis).
- Standard Grid. The "Standard Grid" displays the presumptive sentences for felony offenses not on the Sex Offender Grid or Drug Offender Grid.
- Sex Offender Grid. The "Sex Offender Grid" displays the presumptive sentences for criminal sexual conduct, failure to register as a predatory offender, and related offenses as shown on the Sex Offender Grid.
- Drug Offender Grid. The "Drug Offender Grid" displays the presumptive sentences for controlled substance crime, failure to affix stamp, and related offenses as shown on the Drug Offender Grid.
The severity level is a ranking designated to an offense by the Commission to categorize the seriousness of an offense, and is determined by the conviction offense. When an offender is convicted of two or more felonies, the severity level is determined by the most severe offense. Offenses listed within each severity level are deemed to be equally serious.

The severity level can generally be found by looking for the conviction statute on the Offense Severity Reference Table in the Guidelines in effect on the date of the current offense. Some offenses (i.e. theft) require additional information about the offense because the penalty statute determines the severity level. For example, theft under $5,000 as ranked in the Guidelines is typically at Severity Level 2 (Minn. Stat. § 609.52 subd. 3(a)), but is at Severity Level 4 for theft from a person (Minn. Stat. § 609.52 subd. 3(3)(d)(i)) In both of these cases, the amount and the charging statute are the same, but the penalty statute changes the severity level.

Some offenses are designated unranked. When the court sentences an unranked offense, the court must assign an appropriate severity level for the offense and specify on the record why that particular level was assigned. Practitioners often find the Unranked Offenses Report to be useful in recommending a severity level.

Electronic Worksheet Hint: First-Degree Murder

A worksheet must be created for all First-Degree Murders, even though the sentence is controlled by statute rather than the Guidelines. For these worksheets, a Severity Level of "12" should be used (or "11" if the offense occurred before August 1, 2002).

Official Guidelines language on this topic can be found in § 2.C.
Durations That Exceed the Statutory Maximum

If the presumptive sentence duration in the appropriate cell on the applicable Grid exceeds the statutory maximum sentence for the conviction offense, the statutory maximum rather that the Grid time becomes the presumptive sentence.

Section 2.C.2 - Durations That Exceed the Statutory Maximum Sentence
If the presumptive sentence duration in the appropriate cell on the applicable Grid exceeds the statutory maximum sentence for the conviction offense, the statutory maximum is the presumptive sentence.

Commentary 2.C.06

There are rare instances where the presumptive sentence length exceeds the statutory maximum sentence. If this situation occurs, the statutory maximum sentence becomes the presumptive sentence. For example, Threats of Violence under Minn. Stat. § 609.713, subd. 3(a)(1) or (2) carries a statutory maximum sentence of 12 months and 1 day. At a Severity Level 1, the statutory maximum sentence will be exceeded when the offender reaches a Criminal History Score of 3. As another example, Soliciting Children for Sexual Conduct under Minn. Stat. § 609.352 carries a statutory maximum sentence of three years. At Severity Level G, the statutory maximum will be exceeded when the offender reaches a Criminal History Score of 4.

Key points:

The range also cannot exceed the statutory maximum. This is why the range displayed for some offenses is not a full 20% higher than the fixed duration displayed on the grid (see, e.g.; Sex Offender Grid at Severity Levels A-C).

Some sentence modifiers will change the statutory maximum. For example, an attempt will cut the statutory maximum in half.
Conditional Release

Conditional release is a statutorily required term of extended supervision that is applicable to certain offenses such as DWI and criminal sexual conduct. This additional term of supervision begins when the offender completes the term of imprisonment. Conditional release should be pronounced at sentencing but is only imposed on executed prison sentences. Consult the applicable Minn. Statute to determine the appropriate term of conditional release that must be applied.

Conditional Release Reference Table

Section 2.E.3 - Conditional Release

Several Minnesota statutes provide for mandatory conditional release terms that must be served by certain offenders once they are released from prison. The court must pronounce the conditional release term when sentencing for the following offenses:

First-degree (felony) driving while impaired. Minn. Stat. § 169A.276, subd. 1(d).

Predatory offense registration violation committed by certain offenders. Minn. Stat. § 243.166, subd. 5a.

Assault in the fourth degree against secure treatment facility personnel. Minn. Stat. § 609.2231, subd. 3a(d).

First- through fourth-degree criminal sexual conduct and criminal sexual predatory conduct. Minn. Stat. § 609.3455, subd. 6-8.

Use of minors in a sexual performance. Minn. Stat. § 617.246, subd. 7.

Possession of pornographic work involving minors. Minn. Stat. § 617.247, subd. 9.

Relevant Published Court Case

State v. Noggle; Conditional Release for Attempted Sex Offense

MN Supreme Court opinion published July 6, 2016.

See Guidelines Section 2.E: Conditional-release statutes do not apply to attempted offenses unless the statute explicitly states that they do. See State v. Noggle, 881 N.W.2d 545 (Minn. 2016).

State v. Nodes; Lifetime Conditional Release for Sex Offense

MN Supreme Court opinion published May 6, 2015.

State v. Brown; Lifetime Conditional Release for Sex Offense

MN Court of Appeals opinion published December 2, 2019.