Sentence Types

In Minnesota, there are different types of sentences – the Guidelines presumptive sentence, and different type of pronounced sentences (concurrent, consecutive, and departures). Detailed information about these types of sentences can be found on their pages. When deciding what type of sentence to pronounce, the court considers factors like the nature of the offense, the defendant's history, and the need to protect the public.

Factors Considered by the Court

The seriousness of the offense and the need for deterrence.
The prior criminal history of the defendant and the likelihood of rehabilitation.
The need to confine the defendant to prevent further harm to the public.
The circumstances of the offense and the extent to which the offense harmed the victim or endangered the public safety or order

Consecutive vs. Concurrent Sentences:

Concurrent: Sentences that are served at the same time.

Consecutive: A sentence that begins after a previous sentence has been completed.

Presumptive Consecutive: Meets the criteria set forth in Section 2.F.1 which requires the use of consecutive sentences under the Guidelines.

Permissive Consecutive: Involves a judge's discretion to impose a consecutive sentence, rather than a mandatory requirement.