Practice Areas
Criminal Law
The Moua Law Office PA defends all types of criminal matters in Minnesota and Wisconsin.
In Minnesota, the Moua Law Office PA defends clients charged with felonies, gross misdemeanors, misdemeanors, and petty misdemeanors. A crime is defined as conduct that is prohibited by statute for which the actor may be sentenced to imprisonment with or without a fine. There are four levels of offenses in Minnesota:
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- FELONY: a crime for which a sentence over one year in jail and fines may be imposed. Fines in felony cases vary based upon the case type. Felony cases are the most serious offenses and include such offenses as murder, robbery, aggravated assault, etc.
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- GROSS MISDEMEANOR: a crime for which the maximum sentence is one year in jail and/or a maximum fine of $3000 may be imposed. Gross misdemeanor offenses include repeat DWI offenders, mid-level theft cases, etc.
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- MISDEMEANOR: a crime for which the maximum sentence is 90 days in jail and/or a maximum fine of $1,000 may be imposed. Misdemeanor offenses include disorderly conduct, lower theft cases, serious traffic offenses such as careless driving, open bottle, no insurance, etc.
- PETTY MISDEMEANOR: an offense that is prohibited by statute but is NOT a crime. The maximum penalty for a petty misdemeanor is a $300 fine. Petty misdemeanor offenses include parking tickets, speeding, minor traffic tickets, etc. A person charged with a petty misdemeanor cannot go to jail.
There are four types of criminal sentences in Minnesota:
- Stay Adjudication: Your adjudication of guilt is withheld by the court. If you meet certain conditions which may require you to be placed on probation, once you successfully complete the conditions, the charge is ultimately dismissed so that you will not have a criminal conviction. However if you do not follow the conditions, the court can vacate the stay of adjudication which can result in you getting a criminal conviction.
- Stay of Imposition: You have the chance of having the severity of your charge reduced if you successfully complete probation. A stay of imposition in a felony case can reduce the conviction to a misdemeanor if you successfully complete probation. If you are not successful on probation the court can vacate your stay of imposition.
- Stay of Execution: Your sentence is stayed with conditions of probation. If you are not successful on probation the court can execute your sentence.
- Executed Sentence: Your sentence is executed and there is no opportunity for probation. You will have to serve your time.
In Wisconsin, the Moua Law Office PA defends clients charged with felonies, misdemeanors and forfeitures. A crime is defined as conduct that is prohibited by state law and punishable by fine or imprisonment or both. Conduct punishable only by a forfeiture is not a crime. There are three levels of offenses in Wisconsin:
- FELONY: a serious offense that is categorized into one of nine (9) classes (Class A, Class B, Class C, Class D, Class E, Class F, Class G, Class H, and Class I). A Class A felony is the most serious offense for which life imprisonment may be imposed. A Class I felony is the least serious felony for which the maximum sentence is three (3) years and six (6) months in prison and/or $10,000 fine may be imposed.
- MISDEMEANOR: an offense that is categorized into one of three (3) classes (Class A, Class B, and Class C). A Class A misdemeanor carries a maximum of nine (9) months in jail and/or a $10,000 fine may be imposed. A Class B misdemeanor carries a maximum of ninety (90) days in jail and/or a $1000 fine may be imposed. A Class C misdemeanor carries a maximum of thirty (30) days in jail and/or a $500 fine may be imposed.
- FORFEITURE: an offense that is prohibited by Wisconsin state law but is NOT a crime. Forfeitures are categorized into one of five (5) classes (Class A, Class B, Class C, Class D, and Class E). Penalties for forfeitures range from twenty-five dollar ($25) fines to $10,000 fines depending on its class.
Want to discuss your case?
Call the Moua Law Office PA at (651) 765-7389 for an initial consultation. You can also reach us by submitting your information on our contact form.