Understanding the Minnesota Theft Statute: Key Provisions and Penalties Explained

When facing a theft charge in Minnesota, it can be confusing to navigate complex state laws on your own. Having an experienced criminal defense lawyer explain the Minnesota theft statute to you can provide a crucial advantage in your case. Here at Santana Law PLLC, Ronnie Santana is dedicated to delivering compassionate criminal defense services across Minnesota.

Skilled Defense Attorney in Minnesota

Our founding attorney, Ronnie Santana, believes that every person deserves committed advocacy during their cases. Mr. Santana’s background includes extensive experience as both a prosecutor and a defense lawyer, providing him with valuable insight into how cases are argued on both sides. This dual perspective helps him develop strong defense strategies tailored to each client’s unique situation.

Minnesota Theft Laws

Theft is a common offense, and it often occurs without violence. In 2023 alone, there were 99,722 reports related to various types of theft in Minnesota. Minnesota theft provisions and penalties are covered under Statute § 609.52.

Theft in Minnesota occurs when someone takes, uses, hides, or keeps another person’s property without permission and plans to keep it permanently. Minnesota law provides classifications and penalties for courts to follow, such as:

• Misdemeanors. Here, the value of the stolen property is less than $500. The penalty for a misdemeanor theft can be up to 90 days in jail and a $1,000 fine.
• Gross misdemeanors. When the value of the stolen property is between $500 and $1,000, the crime is considered a gross misdemeanor. The penalty for this offense can be up to one year in jail and a $3,000 fine.
• Felonies. In these cases, the item is a drug, or the value of the stolen property is more than $1,000. This can have consequences of up to five years in prison and a $10,000 fine. The penalties for felonies are extensive, with certain crimes reaching up to 20 years in prison and a $100,000 fine.

The Clean Slate Act

For those convicted of a theft crime, it can be troubling to think of how it may affect their future quality of life. Luckily, those convicted of certain types of theft have hope. The Clean Slate Act is a Minnesota law that started on January 1, 2025.

This law allows certain criminal records to be sealed from public view automatically. People may qualify if:

• Their case was dismissed.
• They were found not guilty.
• They successfully completed a diversion program or a stay of adjudication for a non-felony offense. The convicted individual then stayed out of legal trouble for at least one year afterward.

Convictions for low-level crimes can be sealed automatically after a waiting period as long as the person hasn’t committed another offense. The waiting periods are:

• Two years for misdemeanors
• Three years for gross misdemeanors
• Four years for certain drug felonies
• Five years for other eligible felonies

The types of crimes that can be cleared include minor theft and certain non-violent property crimes. Before the Clean Slate Act, people had to go through a legal process to ask a judge to seal their record. Sealing these records means they won’t show up in public background checks, making discrimination less likely for those facing life after conviction.

The Clean Slate Act is especially beneficial to Hispanic people living in Minnesota who have convictions on their records, as many face language barriers during legal proceedings.

Along with the systemic challenges one faces after prison or a criminal charge, resources for societal reintegration are still unavailable to many. In the United States, an estimated 46% of unemployed men have been convicted of a crime. Having the automatic right to have low-level criminal records sealed can change a person’s entire life.

Hire a Theft Lawyer

Santana Law PLLC knows how stressful legal proceedings can be for clients, and our attorney is committed to giving them the empathy they deserve.

As a Latino theft attorney, Mr. Santana understands how cultural factors can impact legal matters. His Spanish fluency and background in the Minnesota Latino community allow him to offer legal support that understands his clients’ lived experiences.

FAQs

Q: What Happens If I’m Charged With Theft, Even Though I Returned the Property?

A: Unfortunately, even if you return the property, the charge is still there. However, returning the property can potentially make the prosecution want to drop the case altogether. Even if they decide to pursue legal action, returning stolen property can influence the judge’s decision during sentencing. While it can help with reduced charges or avoiding prison, it doesn’t make your case go away.

Q: What Are the Different Types of Theft?

A: Theft can include:

• Stealing physical items from a store or person
• Using false information to get money or property
• Keeping something that was lost without trying to return it
• Switching price tags in a store to pay less
• Using services like electricity, cable, or public transportation without paying for them

Each of these actions shows an intent to take something of value without permission, which is key to a theft charge.

Q: What Is the Difference Between Burglary, Robbery, and Theft?

A: Burglary means entering a building without permission to commit a crime. You don’t have to actually steal anything for it to be burglary; just have the intent to commit a crime. Robbery is when someone takes property directly from a person by using or threatening force. Theft means taking someone else’s property without permission, with the intent to keep it, but without using force or threats.

Q: Can a Theft Charge Be Dropped or Reduced?

A: It depends on the specific details of the case. The prosecution has the power to dismiss charges if they believe the case is weak or there are problems with the evidence. If they don’t dismiss the case, a judge can still do so if evidence was gathered illegally or there’s not enough proof to continue. Each case is different, so it’s important to hire a theft lawyer. They can examine all aspects of your situation and determine what legal strategy is necessary.

Choose a Trusted Defense Firm in Minnesota

Here at Santana Law PLLC, our attorney understands that no two cases are the same. He represents clients facing criminal theft charges throughout Minnesota. Contact him today to learn how he can get you through your case.