Legal Question in Criminal Law in Minnesota

Sentencing points decaying

It is my understanding that sentencing points for felonies and gross mis. decay after 11 years. Is this true?, and what exactly does ''decay'' mean? Thank you


Asked on 3/12/04, 1:39 pm

1 Answer from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Re: Sentencing points decaying

This sounds like a reference to the "criminal history score" portion of the Minnesota Sentencing Guidelines, Section II.B. You can learn more about the "guidelines" at www.msgc.state.mn.us

If a prior criminal conviction has "decayed" for Minnesota sentencing guidelines purposes, then it will not be used in the formula to compute the "criminal history score" because it has been deemed too old. Minnesota Sentencing Guidelines ("MSG") Section II.B. states that a prior felony sentences or convictions will not be used in computing criminal history score if 15 years have elapsed since the date of discharge from or expiration of the sentence, to the date of current offense. Not all gross misdemeanors are counted in the criminal history score formula, but for those that are, the applicable decay period is 10 years from the date adjudicated guilty.

This is not legal advice, but educational information. If you have an case where this information matters, beyond just curiosity, consult a lawyer about after informing the lawyer about your specific situation.

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Answered on 3/15/04, 5:12 pm


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