Minnesota Statutes 609.04 – Conviction of Lesser Offense
Current as of: 2023 | Check for updates
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Subdivision 1.Lesser offense prosecution.
Upon prosecution for a crime, the actor may be convicted of either the crime charged or an included offense, but not both. An included offense may be any of the following:
Attorney's Note
Under the Minnesota Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Misdemeanor | up to 90 days | up to $1,000 |
| Petty misdemeanor | up to $300 |
Terms Used In Minnesota Statutes 609.04
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Conviction: A judgement of guilt against a criminal defendant.
(1) a lesser degree of the same crime; or
(2) an attempt to commit the crime charged; or
(3) an attempt to commit a lesser degree of the same crime; or
(4) a crime necessarily proved if the crime charged were proved; or
(5) a petty misdemeanor necessarily proved if the misdemeanor charge were proved.
Subd. 2.Conviction; bar to prosecution.
A conviction or acquittal of a crime is a bar to further prosecution of any included offense, or other degree of the same crime.