For most felonies in Minnesota, whether you go to prison or stay on probation is largely decided before you even stand in front of a judge. The grid does the work. It tells you early in your case whether the presumed outcome is incarceration or supervision, and approximately how long that sentence will last. Knowing how the grid reads is the difference between guessing about your exposure and understanding it.
The Grid Sets a Presumptive Sentence
The Minnesota Sentencing Guidelines are based on a table with two axes. The severity of your conviction offense is set by the vertical axis, which ranges from 1 for lower-level felonies up to 11 for the most serious crimes, such as homicide. Your criminal record is set on the horizontal axis, and the cell where these two lines intersect is your presumptive sentence.
That single cell performs two functions at once:
- It determines the sentence – prison or probation.
- It also sets the length of the sentence, measured in months.
Minnesota actually uses three grids, not one. Most felonies fall under the Standard Grid. Drug crimes and sex offenses each have their own grid, because the policy considerations behind them are different. The grid that applies to you depends on the offense you were charged with.
Your Criminal History Score Drives the Outcome
Two people convicted of the same crime can receive very different sentences. This is usually due to their criminal history. Points are awarded for prior felonies and gross misdemeanors, as well as factors such as being on probation at the time of the new offense.
More points push you to the right on the grid. Move far enough to the right, and a cell that was supposed to be probation can become a prison. Your record can be as important as the current charge.
Big Changes Take Effect August 1, 2026
The Sentencing Guidelines Commission made significant changes in December 2025, which will take effect on August 1st, 2026. These changes will affect how criminal history scores are calculated:
- The felony decay period will be reduced from 15 to 10 years, meaning older convictions will fall off your record sooner.
- Custody status no longer adds points, but instead adjusts the length of a sentence.
- Juvenile points are completely eliminated from adult scores.
- Counting of prior DWI and other gross misdemeanor cases gets simpler.
Here is the part that trips people up. The version of the Guidelines that applies to you generally depends on the date of your offense, not the date you were sentenced. An older offense may be scored under the old rules, even if your case was resolved in late 2026. Confirm which version governs before relying on any number.
Judges Can Depart, but They Have to Explain It
The presumptive sentence is not automatic. It comes with a built-in range. The Minnesota guideline rules set this range at roughly 15 percent below and 20 percent above the number in the cell. A judge can land anywhere within this range without formally departing from it.
A judge can also deviate from the grid completely, up or down. To do so, Minn. Stat. § 244.10 requires significant and compelling reasons written into the record. Mitigating departure may mean probation instead of imprisonment. Going the other way, some mandatory minimum sentences may override the grid and establish a floor that no judge is permitted to go below.
Departures are where defense work matters most. The grid gives you a starting point, but it doesn’t have to be the ending point.
Talk to a Lawyer Before You Assume the Worst
The number on the grid is not your sentence. It is an opening position. There is often room to move, whether by challenging how your criminal history has been scored, arguing for a mitigation departure, or resolving the case before it reaches a sentencing hearing.
At 29th & Law PC., we seek practical solutions first. Sometimes this means a difficult argument in front of a judge. Often it means finding an outcome that keeps you away from the worst cell in the grid at the lowest possible cost to your life and wallet. If you face a felony charge in Minnesota, contact 29h & Law, PC. Let’s find out where you stand on the grid and what we can do to help change that.